SATISH VERMA Vs. GARMENT CRAFT (INDIA) PVT LTD

JUDGEMENT

(1.) The plaintiff instituted this suit, for a) specific performance of the Agreement of Sale of July, 2008 of property No. 259, Okhla Industrial Estate, Phase-III, New Delhi; b) in the alternative, i) for recovery of damages in the sum of Rs.3 crores for breach of contract; ii) for refund of Rs.2 crores paid by the plaintiff to the defendant as advance/part sale consideration out of the total agreed price of Rs.11,31,00,000/- together with interest; and, c) for permanent injunction restraining the defendant from alienating, encumbering or parting with possession of the said property.

(2.) The suit was entertained and vide ex-parte ad-interim order dated 8 th March, 2010, the defendant restrained from dealing with the property. The said order was made absolute on 19th November, 2010.

(3.) The defendant contested the suit by filing a written statement and on 13th August, 2014, the following issues were framed in the suit: