SUNIL KAPOOR Vs. HIMMAT SINGH & ORS.

JUDGEMENT

(1.) The present application is filed by the defendants praying inter alia for rejection of the plaint filed by the plaintiff on the ground that the suit is without any cause of action and is liable to be rejected under Order 7 Rule 11 of the Civil Procedure Code.

(2.) Briefly stated, the facts of the case are that the plaintiff has filed the present suit for specific performance of a verbal contract of sale/ agreement to sell dated 23.2.2004, for sale of a portion of the property bearing No.N-246, Greater Kailash Part-I, New Delhi-110 048, for total sale consideration of Rs. 80,00,000.00.

(3.) Counsel for the applicants/defendants states that the present suit filed by the plaintiff is not maintainable as no cause of action has arisen in favour of the plaintiff and against the defendants for warranting the filing of the present suit. He submits that no agreement to sell either oral or written has ever been entered into between the parties. He further states that no concluded contract had been agreed upon or entered into between the parties, capable of being specifically enforced and no cause of action has arisen in favour of the plaintiff and against the defendants for filing the present suit.