VISHAL GUPTA Vs. MOHAN LAL

JUDGEMENT

(1.) The Appellant/Plaintiff (hereinafter 'Plaintiff') has filed the instant appeal impugning the judgment and decree dated 15 th December, 2006 by which the suit for specific performance instituted by the Plaintiff has been dismissed. Brief background

(2.) The parties entered into an agreement to sell dated 8 th November, 2004 in respect of property bearing Plot No.108 and 108-A, measuring 233 sq. yds. Out of Khasra No.36/22/1, situated in the area of Village Nangloi Jat, Abadi, known as Rajindra Park, Part-I, New Delhi. The total sale consideration of the said agreement was Rs.18,64,000/-. The agreement is exhibited as Ex.PW-1/A. Along with the said agreement, receipt for the sum of Rs.1 lakh paid on 8th November, 2004 and a further receipt for the sum of Rs.2.5 Lakhs dated 24th November, 2004 are exhibited as Ex.PW-1/B & C. The last date for execution of the sale deed as per the agreement to sell was 31st January, 2005. The parties entered into an extension agreement (Ex.PW- 1/D) by which the period for conclusion of the transaction was extended by

(3.) months i.e. till 30th April, 2005. Appellant/Plaintiff's submissions 3. It is the case of the Plaintiff, as submitted by Mr. Anil Kher, Senior Advocate, that the Plaintiff, tried to repeatedly contact the Respondents/Defendants (hereinafter 'Defendants') for execution of the sale deed within the time specified in the last week of April, 2005. When the Defendants were untraceable, a telegram was issued by the Plaintiff to the Defendants dated 29th April, 2005 (Ex.PW-1/E) but no response was received. On the same day i.e. 29th April, 2005 (Ex.PW-1/G), a notice was issued to the Defendants calling upon the Defendants to execute the sale deed. In order to keep the authorities notified, this notice Ex.PW-1/G10, was also copied to the SHO P.S. Paschim Vihar. The Plaintiff further submitted that he visited the Sub-Registrar's Office on 2nd May, 2005 and the receipt of the said visit is also on record exhibited as Ex. DW-1/1.