ASHA ROHILLA Vs. PARAMPREET SINGH & ANR

JUDGEMENT

(1.) In this appeal, the Plaintiff/Appellant (hereinafter "Plaintiff") challenges the judgment/decree dated 9th September, 2016 by which the suit for specific performance filed by her was dismissed and a decree of refund of the earnest money paid has been granted in the following terms:

(2.) The case in brief of the Plaintiff is that she entered into an Agreement to Sell dated 1st January, 2005 in respect of property bearing no.226, Raja Garden, New Delhi including the entire Ground Floor without roof rights along with proportionate rights of the land beneath the building with common rights for use of stair case, passage and gate and other common facilities (hereinafter "suit property"). The total consideration agreed was Rs. 31 lakhs. The salient terms and conditions of the agreement are as under:

(3.) The Plaintiff paid a sum of Rs. 5 lakhs as earnest money on 1st January, 2005. The parties further agreed that the sale deed would be executed within three months. The Plaintiff's case is that the property was mortgaged with HSBC bank and Defendants had assured the Plaintiff that the original title deeds which were lying with the bank would be got released by them.