KISHAN LAL CHHABRA Vs. ANIL ARORA

JUDGEMENT

(1.) THE application of the plaintiff under Order 12 Rule 6 of the CPC for passing a decree for specific performance of an agreement to sell of immovable property, forthwith is for consideration.

(2.) THE agreement to sell dated 27th February, 2004 of Industrial Shed No. C-25, DSIDC, Industrial Complex, Rohtak Road, Nangloi, New Delhi by the defendant in favour of the plaintiff is not in dispute. As per the said agreement, out of the total agreed sale consideration of Rs. 68 lacs, the plaintiff paid Rs. 12 lacs to the defendant at the time of agreement to sell, a sum of Rs. 25 lacs was agreed to be paid on or before 5th May, 2004 against the defendant handing over the peaceful, vacant and physical possession of the property and executing and registering a deed of sale of the property in favour of the plaintiff and the balance sale consideration of Rs. 31 lacs was agreed to be paid within a period of one year from the date of payment of Rs. 25 lacs, in easy installments on monthly interest at the rate of 1% per month.

(3.) VIDE an ex parte order dated 4th October, 2004, the defendant was restrained from creating any third party interest in the property. The plaintiff could not serve the defendant for 9th February, 2005 and 9th May, 2005. Though the plaintiff applied under Order 5 Rule 20 of the CPC on 18th July, 2005 for substituted service but no orders on the said application were made and the defendant was served at his residential address and appeared before the Court on 16th August, 2005 through counsel.