RAJESH GULLAH Vs. SANGEETA SETHI & ANR

JUDGEMENT

(1.) The Plaintiff Mr. Rajesh Gullah has filed the present suit for specific performance and permanent injunction against Mrs. Sangeeta Sethi and Mr. Sannil Sethi (hereinafter "Defendants").

(2.) The basis of the suit is an agreement to sell dated 12th October, 2010 entered into between the Plaintiff and the Defendants. The said agreement is admitted between the parties and is marked as Ex.PW-1/2. The agreement is duly signed by the Plaintiff and the Defendants. The agreement relates to property no.2, Road No.40, Punjabi Bagh (West), New Delhi, admeasuring about 365 sq. yds. (hereinafter "suit property"). The Plaintiff agreed to purchase the same from the Defendants for a total sale consideration of Rs.11,31,00,000/-. It is the case of the Plaintiff that he has paid the Defendants a total of Rs.1 crore i.e. Rs.75 lakhs by way of pay orders and Rs.25 lakhs by cash. The important terms and conditions of the said agreement are as under:

(3.) The case of the Plaintiff is that there was an antenna which was installed on the property pursuant to a license agreement entered into by the Defendants with M/s Bharti Cellular Limited. According to the Plaintiff, the Defendants failed to remove the said antenna, which was fixed on the property and therefore the occasion to pay the remaining sale consideration did not arise. Notices and replies were exchanged between the parties. The disputes were not resolved and the Plaintiff filed the present suit seeking the following reliefs: