(1.) The appellants have challenged the judgment dated 30th January, 2017, whereby their suit for specific performance has been dismissed by the Trial Court. The appellants are the legal representatives of the plaintiff whereas the respondents were the defendants before the learned Trial Court. For the sake of convenience, the appellants and the respondents are referred to as per their ranks before the Trial Court as "the plaintiff" and "the defendants" respectively.
(2.) On 29th May, 2004, the plaintiff entered into an agreement with the defendants to purchase an industrial plot in Khasra No.81/155, measuring 300 sq. yards (6 biswa) situated at village Bakoli, Delhi, hereinafter referred to as "the suit property" for a consideration of Rs.6,06,300/-. The plaintiff paid the earnest money of Rs.1 lakh to the defendants and the balance amount of Rs.5,06,300/- was agreed to be paid on or before 28th July, 2004 at the time of execution and registration of relevant documents in favour of the plaintiff. Relevant portion of the agreement is reproduced hereunder: -
(3.) On 24th July, 2004, the plaintiff sent a legal notice dated 21st July, 2004 to the defendants stating that the defendants had agreed to apply and get the permission for sale of the plot from the concerned authority and the sale deed was to be executed within one month of the date of receipt of such permission. The plaintiff enquired about the status of the sale permission. On 24th July, 2004, the plaintiff also sent a telegram to the defendants enquiring about the status of sale permission. The relevant portion of the notice dated 21st July, 2004 is reproduced hereunder: