SUBHASH CHAND KUKREJA Vs. STATE

JUDGEMENT

(1.) The plaintiffs have filed the present suit for specific performance of the agreement dated 10.03.2002 in respect of shop nos.4 and 5, in the property no. 720-A (old) and IX/7018 (new), situated at Ashok Gali, Gandhi Nagar, Delhi consisting of two shops on the ground floor, one hall on the first floor, one room set on the second floor with all terrace rights. The aforesaid agreement deed records that the total sale consideration agreed upon was Rs.70,51,000/-. Vacant possession was required to be handed over of the first floor to top floor as per the agreement deed but the ground ground floor being in the possession of the tenant was to be handed over to the plaintiffs with the tenancy rights. Rs. 2 lakh had been paid as earnest money under the agreement and the balance had to be paid at the time of completion of purchase. The agreement deed provides for the purchase to be completed on 30.07.2002 subject to the defendant making out a good martketable title.

(2.) It is the case of the plaintiffs that in furtherance to the aforesaid agreement, plaintiff no.1 had paid to the defendant a further sum of Rs 1,00,000/- on 12.07.2002, which was encashed. This is, however, disputed by the defendant who claims that the agreement deed was executed only between the defendant and plaintiff no.2 and the amount of Rs 1,00,000/- paid by plaintiff no.1 was for purchase of certain goods. It may be noticed that the plaintiffs rely on a General Power of Attorney executed by plaintiff no.2 in favour of plaintiff no.1 on 30.07.2005.

(3.) One of the objections raised in the written statement is that the suit is barred by time. It is further stated that the property has been sold to Smt. Arvinder Kaur Ahuja, divorcee of Sardar A.S.Ahuja, who further let out the property to M/s Manpreet Industries and Lovely Furniture the ones presently in the possession of the property.