SATISH KHERA Vs. SUKHVINDER SINGH SAHANI

JUDGEMENT

(1.) AT an ex-parte trial, the appellant who was the plaintiff, could not manage a decree for specific performance in his favour. The reasoning in the impugned judgment and decree dated 04. 05. 2007 may be culled out by noting the language of the learned Trial Judge. The same is as under:-

(2.) ANOTHER reasoning is as under:-

(3.) EX. PW1/1 referred to by the learned Trial Judge reads as under:-"agreement TO SELL this Agreement to Sell and Purchase is made at New Delhi on 16th day of May, 2001 between Sh. Sukhvinder Singh Sahni S/o Sh. Didar Singh r/o 475, Guru harkishan Nagar, Paschim Vihar, New Delhi (hereinafter called the First Party)AND Sh. Satish Khera S/o Sh. S. D. Khera R/o 30, SBI Nagar, Paschim Vihar, New delhi (hereinafter called the Second Party), in respect of Property No. 27/35, second Floor, situated at Punjabi Bagh, New Delhi-110026 (hereinafter called the said property), with the freehold rights of the land under the said property/land. And whereas the first party is the absolute and only owner of the said property and he has agreed to sell the above said property to the second party, for a consideration of Rs. 3,50,000/- (Rs. Three Lacs Fifty Thousand only), the entire consideration amount has been received by the First Party from the Second Party vide separate receipt in full and final settlement and nothing remains due out of the sale price of above property and purchase the said property on the following terms and conditions: now THIS AGREEMENT TO SELL WITNESSES AS UNDER; 1. That the First Party has delivered the vacant possession of the above mentioned property to the Second Party. 2. That the First Party hereby assures the Second Party that the said property under sale is free from all sorts of encumbrances such as sale transfer, exchange mortgage, gift, litigation Court Decree etc. and the there is no legal defect in the title of the First Party and if proved otherwise the first Party shall be liable to compensate the Second Party to the extent of loss suffered by the Second Party with all costs expenses and damages etc. through all his moveable and immoveable properties. 3. If the first party fails to complete his part of the sale transaction or infringes the terms/conditions of this agreement then the Second Party shall be entitled to get the said transactions completed through the Court of law by filing a suit for specific performance at the cost expenses of the first party.