LAWS(DLH)-2018-1-537

JAINAB Vs. JALALUDDIN

Decided On January 29, 2018
Jainab Appellant
V/S
JALALUDDIN Respondents

JUDGEMENT

(1.) The present appeal arises out of the impugned judgement and decree dated 9th February, 2016 in the suit filed by the Respondent/Plaintiff (hereinafter "Plaintiff") seeking specific performance. The Trial Court by the impugned order had decreed the suit for specific performance. The Trial Court had also directed the Plaintiff to pay the balance sale consideration of Rs.3,75,000/- within 3 months and upon receipt of the consideration amount, the Defendant was directed to transfer the possession of the suit property to the Plaintiff.

(2.) The Agreement to Sell is dated 31st December, 2010. As per the said Agreement, the suit property bearing No. A-1112, Gali No.28, Sri Ram Colony, Rajiv Nagar, Delhi-94 (hereinafter, "suit property") was agreed to be transferred by the Defendant to the Plaintiff for a total sale consideration of Rs.4,00,000/-, out of which a sum of Rs.25,000/- was paid as the Bayana. As per the Agreement, the last date for execution of the sale deed and conclusion of the transaction was fixed as 31st May, 2011.

(3.) The Plaintiff submits that he went to the Sub-Registrar's office on 31st May, 2011 however, the Defendant did not honour his commitment. Legal notice was issued by the Plaintiff to the Defendant on 1st December, 2011.