REKHA NANKANI Vs. KULWANT SINGH SACHDEVA

JUDGEMENT

(1.) THE plaintiff has sued for specific performance of an agreement to sell dated 25th September, 1992 by the defendant No. 1 in favour of the plaintiff with respect to property No. 77 Block B-2, Safdarjang Enclave, New Delhi ad-measuring 265 sq. yds, for total sale consideration of Rs. 75 lac. The plaintiff claims to have paid advance sale consideration of Rs. 23,51,000/- to the defendant No. 1. The defendant No. 2 Mrs. Shashi Garg was impleaded as a party to the suit on a application of the plaintiff under Order 1 Rule 10 r/w Order 6 Rule 17 of the CPC on the plea that the defendant No. 1 had on 17th October, 1996, after the agreement to sell with the plaintiff executed sale deed of the property in favour of the defendant No. 2.

(2.) THE defendant No. 1 in spite of service of summons of the suit never appeared and was vide order dated 3rd November, 1998 proceeded against ex-parte and remains ex-parte. The defendant No. 2 contested the suit by filing a written statement. It is inter alia the case of the defendant No. 2 that the mother of the defendant No. 1 Smt. Kaushalya Devi had entered into an agreement dated 13th June, 1986 to sell the property to the defendant No. 2; the defendant No. 1 had also confirmed and ratified the said agreement on 29th May, 1987; however the defendant No. 1 and his mother failed to abide by the agreement leading to the institution of suit No. 1989/1990 in this court by the defendant No. 2 against the defendant No. 1 and his mother for specific performance of the said agreement to sell; that in the said suit for specific performance, on 7th October, 1996 a compromise was arrived at whereunder the defendant No. 1 agreed to honour the agreement to sell in favour of the defendant No. 2 and which compromise was accepted by this court on 9th October, 1996 and in terms whereof the suit No. 1989/1990 (Supra) was decreed. On the said pleadings of the defendant No. 2 the following issues were framed on 5th September, 2000:-

(3.) WHETHER defendant No. 1 had agreed to sell property to defendant No. 2 prior to agreement to sell dated 25. 09. 1992? OPP