IMPERIAL PROPERTIES P LTD Vs. SHRI AMI CHAND

JUDGEMENT

(1.) THIS suit has been filed by the plaintiff, a private limited company, claiming specific performance of an agreement to sell dated 11th January 1994 in respect of land comprised in Khasra No. 35/25 measuring 4 bighas 16 biswas in village Kapas Hera, New Delhi @ of Rs. 22 lac per acre. The agreement, as propounded by the plaintiff, shows that a sum of Rs. 50,000/- was paid in advance, out of which Rs. 25,000/- was paid in cash and Rs. 25,000/- by cheque dated 11th January 1994. It is pleaded by the plaintiff that as per the said agreement to sell, the defendant was to obtain necessary income tax clearance certificate and requisite permission under Delhi Lands (Restriction on Transfer)Act, 1972. After obtaining necessary permission, defendant was to intimate to the plaintiff through registered post whereupon plaintiff was to get the sale deed executed on payment of balance consideration to the defendant. However, the defendant subsequently, showed reluctance. The representative of the plaintiff had approached the defendant and inquired about the permission but no satisfactory reply was received from the defendant. Plaintiff then sent a registered notice dated 26th February 1996 asking the defendant to complete its obligation under the agreement to sell. Despite this notice, defendant did not come forward to fulfill his obligation.

(2.) THE Defendant filed written statement and took the stand that the defendant had not entered into the agreement to sell with the plaintiff and there was no privity of contract between the parties. The plaintiff was a complete stranger to the defendant. The defendant had in fact already sold the said land to Smt. Sudesh Tomar wife of Shri N. K. Tomar vide a registered sale deed on 12th October 1995 after receiving the consideration. The defendant was no longer the owner of the land in question.

(3.) PLAINTIFF filed replication and denied the contentions raised by the defendant. Following issues were framed on pleadings of parties: 1. Whether the plaint has been signed, verified and filed by a duly authorized person" OPP. 2. Whether the defendant has agreed to sell the property as alleged by the plaintiff" OPP 3. Whether the plaintiff was always and is ready and willing to perform his part of contract" OPP 4. Whether the defendant has sold the property to Mrs. Sudesh Tomar wife of Mr. N. K. Tomar as mentioned in Para 2 of the written statement (Reply on merits)" If so, its effect" OPD 5. Whether the plaintiff is entitled to claim specific performance of the said agreement to sell dated 11th January 1994 or any other relief"