ATUL GARG Vs. MEHTAB SINGH

JUDGEMENT

(1.) THIS is a suit filed by the plaintiff against the defendant for specific performance of an agreement to sell dated 22. 04. 2006 in respect of the suit property being agricultural land measuring 4 bigha and 11 biswas in khasra No. 64/6/2 (2-09) and khasra No. 7 (2-02) situated in the Revenue Estate of village Jaunti, Delhi.

(2.) BRIEFLY stated the facts of the case are as follow:-The defendant is stated to be the owner of the suit land and he is alleged to had entered into an agreement with the plaintiff to sell the suit land to him for a total sale consideration of Rs. 33 lacs. The sale agreement was executed between the parties on 22. 04. 2006. The plaintiff is alleged to had paid Rs. 3 lacs to the defendant by means of a cheque at the time of execution of agreement to sell on 22. 04. 2006. The plaintiff is also alleged to had made further payment of Rs. 3 lacs to the defendant in cash viz. Rs. 2 lacs paid against receipt on 25. 04. 2006 and Rs. 1 lac paid against receipt on 28. 04. 2006.

(3.) THE plaintiff has alleged that he was always ready and willing to perform his part of the contract by paying the balance sale consideration of Rs. 27 lacs and complete the transaction of sale in terms of sale agreement dated 22. 04. 2006. According to the plaintiff, the defendant did not even apply for obtaining NOC from the Revenue Authorities and was avoiding the execution of sale deed in respect of the suit land in favour of the plaintiff on one or the other pretext.