LAWS(DLH)-2008-7-32

ANISUDDIN Vs. VIMLA SETHI

Decided On July 02, 2008
ANISUDDIN Appellant
V/S
VIMLA SETHI Respondents

JUDGEMENT

(1.) THIS is a suit claiming a decree for specific performance of the agreement to sell dated 23. 04. 1981 / 05. 05. 1981 and for directing the defendant No. 1 to execute the sale deed in respect of plot No. 226, Block-A, New Friends Colony, new Delhi (hereinafter referred to as "the said plot") in favour of the plaintiffs. The plaintiffs have also sought a decree declaring that the plaintiffs are the absolute owners in possession of the super-structure standing on the said plot.

(2.) THE plaintiffs, who are brothers, have pleaded that the defendant No. 1 (Smt vimla Sethi) was the original allottee in respect of the said plot. The perpetual sub-lease dated 24. 03. 1973 (Exhibit DW-1/p-16) was in favour of the defendant No. 1: The President of India being the lessor, The New Friends cooperative House Building Society Ltd being the lessee and the defendant No. 1 being the sub-lessee. Clause II (5) of the said sub-lease required the sub-lessee (defendant No. 1) to construct a residential building for private dwelling on the said plot within a period of two years. It is further pleaded that because the defendant No. 1 was not possessed with sufficient funds and was unable to erect the building, the defendant No. 1 entered into negotiations for the sale of the plot to the plaintiffs in consideration of payment of Rs 1,80,000/ -. It is further pleaded that the agreement to sell dated 23. 04. 1981 / 05. 05. 1981 was executed between the parties, i. e. , by defendant No. 1 as owner / vendor and the plaintiffs as purchasers / vendees for the sale of the said plot measuring 481. 5 sq. yds. It is stated that though the agreement was completed on 05. 05. 1981, the same was dated as of the date of original oral agreement, i. e. , 23. 04. 1981.

(3.) THE plaintiffs further averred in the plaint that the total consideration of rs 1,80,000/- was paid to the defendant No. 1 through bank drafts, against receipts, as follows:- <FRM>JUDGEMENT_1298_ILRDLH17_2008Html1.htm</FRM> It is further stated that the said demand drafts were drawn on Mercantile Bank ltd. , Calcutta in favour of the defendant No. 1 and were encashed by her.