SUJATA AGGARWAL Vs. RAVI SHANKAR AGARWAL

JUDGEMENT

(1.) 1. Group Captain Ved Kumar, the appellant has suffered a dismissal of a suit vide impugned judgment and decree dated 17. 2. 2006.

(2.) AS per the plaint, Group Captain Ved Kumar stated that he was a perpetual lessee of land bearing Municipal No. C-264, Defence Colony, New Delhi and that the perpetual lease deed was executed in his favour on 29. 8. 1975. He claimed to have constructed a ground floor and a first floor on the land. He claimed that on 5. 9. 1989 he had entered into an agreement to sell 'mark A' with swaran Kumar Marwah, material terms whereof read as under:-"1. That in pursuance of this Agreement and in consideration of a total sum of Rs. 5,00,000/- (Rupees Five lacs only) out of which the first party shall receive a sum of Rs. 2,25,000/- (Rupees Two lacs Twenty Five Thousand only) from the second party at the time of signing of this Agreement. In lieu of this payment the first party shall deemed to have handed over possession of entire terrace of first floor (to be named as Second floor) and has asked the tenant to attorn the second party, and also shall sign all the relevant documents i. e. Agrreement to Sell, Will, General Power of Attorney, Special Power of Attorney, affidavits, etc. etc. in favour of the second party. The first party shall further receive a sum of Rs. 1,75,000/- (Rupees One lacs seventy five thousand only) from the second party at the time of sanction of Site Plan from the M. C. D. For further construction and start of the construction on the second floor. The remaining balance of Rs. 1,00,000/- (Rupees One lacs only) shall be received by the first party from the second party at the time of completion of second floor, however, not later than a period of Twelve months from the date of handing over the possession of terrace. 2. That the first party has assured the second party that the entire terrace of first floor of the above said property is free from all kinds of encumbrances, such as prior sale, mortgage, gift count litigation dispute, charges liens notices etc and if it is proved otherwise, the first party shall be liable and responsible or all the losses and damages, if any suffered by the second party or his nominee/nominees.

(3.) THAT the second party shall construct the remaining required portion viz Dining/drawing room, Bath Room and other remaining part etc. with his own funds and resources and also responsible for any damages, losses to the other constructed floors, if any. x x x x