TARA CHAND Vs. JAGGI

JUDGEMENT

(1.) The above named plaintiff seeks a decree under Order 8, Rule 10, Civil Procedure Code in abovementioned suit seeking specific performance of an agreement to sell. According to the plaintiff's case, land of the defendant was acquired vide Award Nos. 1935 and 1436 dated 27th January, 1967. Under the scheme of Large Scale Acquisition (Development and Disposal) of Land Delhi, 1961. The case of the defendant was recommended for allotment of the alternative plot of land measuring 400 sq. yards in South Zone by Delhi Administration vide letter No. F.32(27)/4/98/ L&B/A11 dated 8th October, 1992 to the Delhi Development Authority. In July, 1995, afternegotiations in between the parties the defendant agreed to sell her rights in the said recommendation letter alongwith the plot of land to be allotted thereunder in favour of the plaintiff on total sale consideration of Rs. 3.5 lakhs. Accordingly, agreement to sell dated 5th July, 1995 was executed. An amount of Rs. 2.5 lakhs was paid. Balance sale consideration of Rs. 1 lakh remained unpaid and was payable by the plaintiff to the defendant at the time of entering into the possession of the land and execution of the registration of the sale in his favour. Simultaneously, the defendant was also required to execute and get the documents of title registered in favour of the plaintiff in regard to the land to be allotted by the Delhi Development Authority. Finally, the Delhi Development Authority had issued an allotment letter dated 12th January, 1996 bearing No. 27/(56)/92/ LSB(R)/940 in favour of the defendant inter alia allotting the plot No. 28 in Sector 10, measuring 325.54 sq. meters in Dwarka Residential Scheme in the name of the defendantata provisional rate of Rs. 2,061.26p. per sq. meter. The Delhi Development Authority also demanded an amount of Rs. 2,34,857.90p. being 35% of the sale price and the balance was to bedeposited in terms of the conditions mentioned in the said letter. Despite receipt of the said allotment-cum-demand letter issued by the Delhi Delhi Development Authority and the contacts made by the plaintiff in the last week of February, 1996, the plaintiff was kept in dark by the defendant. On 12 March, 1996 for the first time a photocopy of the said allotment-cum-demand letter was supplied. The plaintiff wanted to deposit the amount but it transpires that the requisite amount has already been deposited by the plaintiff. When the amount deposited with the Delhi Development Authority was also tendered to the defendant by the plaintiff, the defendant refused to receive the money and declined to complete the transaction in question. Dishonest and mala fide intentions of the defendant had become apparent since the rate of the land has increased. The plaintiff had always been ready and willing to perform his part of the obligation. The plaintiff also served a legal notice through his Counsel Mr. Ravi Gupta, Advocate. The defendant has refused/neglected to perform her part of the obligation and to complete the transaction in question.

(2.) In this background suit has been filed for specific performance directing the defendant to perform her part of the agreement under the agreement dated March 12,1990 entered in between the parties and to execute all such necessary documents of title in regard to plot of land going to be allotted by the Delhi Development Authority bearing plot No. 28, Sector-10 measuring 325.54 sq. meters in Dwarka residential scheme in favour of the plaintiff. The plaintiff also seeks alternative relief.

(3.) The defendant was duly served. Learned Counsel for the defendant appeared and sought time to file written statement as far back as 12th December, 1996. The defendant was given six weeks' time to file written statement on 12th December, 1996, but he failed to file it. On 9th May, 1997, again six weeks' time was sought and it was granted. On 26th September, 1997, four weeks' time was granted byway of last opportunity. The defendant had not filed the written statement so far.