LAWS(DLH)-2018-11-373

SWARN KAUR Vs. POONAM ARORA & ORS

Decided On November 14, 2018
SWARN KAUR Appellant
V/S
Poonam Arora And Ors Respondents

JUDGEMENT

(1.) This is a suit filed for specific performance to direct the defendants to execute a sale deed in the favour of the plaintiff with respect to the agreement to sell dated 01.07.2011 for the property at Sardar Nagar, near C.C. Colony, Delhi, measuring 2100 sq. ft. Other connect reliefs are also sought.

(2.) A perusal of the plaint shows that the plaintiff was offered to purchase a proposed first floor (front portion) without roof rights/terrace rights covered area measuring 2100 sq. ft comprising of 5 bedrooms, hall kitchen with proportionate rights of land underneath the new building along with common passage and stair case (herein referred to as "the suit property") with pre-fitted water and electricity connections. The said building was to be constructed by Late Sh. Satish Arora, the deceased husband of defendant no. 1 and father of defendant no: 2 and 3, and defendant no. 4.

(3.) The plaintiff purchased the said proposed first floor (front portion) measuring 2100sq. ft. from Late Sh. Satish Arora and defendant no. 4(herein referred to as "the vendors") and an agreement to sell dated 01.07.2011 was executed between the plaintiff and the vendors for a total sale consideration of Rs. 2,31,00,000/- out of which Rs. 10 lakhs was paid at the time the said agreement was executed.