JITENDER KUMAR Vs. VIJENDER KUMAR

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the trial court dated 28.05.2014 by which the trial court has decreed the suit for specific performance filed by the respondent/plaintiff and has ordered the appellant/defendant to specifically perform the Agreement dated 19.02.2004 and execute the sale deed in favour of the respondent/plaintiff with respect to one fourth share out of land bearing no. Lal Dora Hakdar No.1031 to 1086 out of Khasra Nos. 108/451(0-06), 323 (0-06), 106/94 (1-06), 95 (1- 08), 93 (2-02), land situated in extended Lal Dora and agricultural land out of Khasra No. 86/9 min (2-10), situated in the Revenue Estate of Village Khera Kalan, Delhi.

(2.) The appellant/defendant has been directed to execute the sale deed after taking the necessary permissions from the requisite competent authorities on the respondent/plaintiff paying the balance sale consideration of Rs. 10,50,000/-.

(3.) The facts of the case are that the parties entered into an Agreement to Sell dated 19.02.2004 whereby the appellant/defendant agreed to sell his one fourth share out of various Khasra numbers situated in the Revenue Estate, Village Khera Kalan, Delhi to the respondent/plaintiff. The total area in question was 7 bighas 18 biswas i.e. approximately 7900 sq. yds of land. The total sale consideration of the suit property was fixed at Rs. 11,00,000/- of which the respondent/plaintiff paid a sum of Rs. 50,000/- as earnest money and for this, a Receipt dated 19.02.2004 was executed by the appellant/defendant. It was pleaded that appellant/defendant had failed to perform the contract within the stipulated period up to 18.05.2004, thus, the subject suit for specific performance was filed. It was also pleaded in the suit plaint that the respondent/plaintiff sent a Legal Notice dated 07.05.2004 stating that the respondent/plaintiff would be present before the Sub-Registrar at Pitampura on 14.05.2004 at 11:00 am alongwith the balance sale consideration of Rs. 10,50,000/-, but the appellant/defendant failed to turn up at the office of the SubRegistrar for executing the sale deed. The suit for specific performance was hence prayed to be decreed. In the alternative, the respondent/plaintiff claimed a decree for damages for a sum of Rs. 11,00,000/- alongwith interest at 18% per annum.