MADAN LAL BANSAL Vs. ROSHAN LAL SINGLA

JUDGEMENT

(1.) THE plaintiff has, in this suit for specific performance of an agreement of sale of immovable property, filed these applications for relief of restraining the defendants from alienating, selling or creating third party rights or parting with possession of property No. 29, Block B-2 Paschim Vihar, New Delhi subject matter of Agreement of Sale and also for directing the defendants to furnish security to secure the alternative relief of recovery of double the earnest money, claimed in the suit.

(2.) IT is the admitted position that an Agreement to Sell dated 16th January, 2006 with respect to the aforesaid property was executed by the defendants as owner in favour of the plaintiff. The terms of the said agreement relevant for the present were as under :

(3.) THE plaintiff, thereafter, on or about 1st June, 2006 instituted a suit before the court of the District Judge, Delhi for recovery of Rs 19 lacs from the defendants. The plaintiff in the said suit averred that the construction of the property was unauthorized and the property was liable to demolition and was non-transferable. The plaintiff further averred that the time was the essence of the contract and the defendants having failed to perform their part of the agreement, the plaintiff had become entitled to double the earnest money i.e., to Rs 22 lacs but was confining his claim Rs 19 lacs only.