(1.) Cm No. 8433/2018 (delay in re-filing of 26 days) For the reasons stated in the application, delay in re-filing is condoned.
(2.) The subject suit was filed by the appellant/plaintiff for specific performance of the agreement to sell with respect to 150 sq. yards out of 300 sq. yards in property no. E-63, Mansarovar Garden, New Delhi. Agreement to sell is dated 21.10.2004 and the total sale consideration was Rs.47,50,000/-. A sum of Rs.7,10,000/- was admittedly paid by the appellant/plaintiff to the respondents/defendants under the agreement to sell. As per the appellant/plaintiff since the respondents/defendants failed to execute the sale deed, therefore after serving a legal notice dated 7.5.2005, the subject suit for specific performance was filed pleading that appellant/plaintiff has already been ready and willing to perform his part of contract.
(3.) Respondents/Defendants contested the suit and filed their written statement and prayed for dismissal of the suit. Respondents/defendants also pleaded right to forfeit the amount of Rs.7,10,000/- on account of breach by the appellant/plaintiff because the appellant/plaintiff is pleaded not to have paid the balance sale consideration in spite of requests made by the respondents/defendants.