DEEPAK SINGLA Vs. KANTA NAGPAL

JUDGEMENT

(1.) The plaintiff instituted this suit for specific performance of the agreement dated 28th January, 2010 in respect of second floor apartment along with one servant quarter, two car parking spaces in the driveway and terrace rights in property bearing No.S-513, Greater Kailash-II, New Delhi, hereinafter referred to as "the suit property".

(2.) On 28th January, 2010, the plaintiff entered into an agreement (Ex.P1) with the defendant to purchase the suit property for a total sale consideration of Rs. 5,10,00,000/-. The plaintiff paid advance money of Rs. 50,00,000/- to the defendant at the time of the agreement and the balance sale consideration was agreed to be paid on or before 15th April, 2010. Relevant portion of the agreement dated 28th January, 2010 is reproduced hereunder:

(3.) Vide notice dated 24th April, 2010 (Ex.PW-1/2), the defendant notified the plaintiff that he had failed to pay the balance sale consideration of Rs. 4,60,00,000/- by the agreed date despite reminders made in the end of March, 2010 and first week of April, 2010 and therefore, the defendant cancelled the agreement and forfeited the advance money of Rs. 50,00,000/-. The defendant also notified the plaintiff that he had suffered loss as he had made advance payment for purchase of another property. The defendant also claimed loss of Rs. 2,00,000/- per month as rental for the suit property. Relevant portion of the notice dated 24th April, 2010 is reproduced hereunder:-