RAJESH KUMAR Vs. MANOJ JAIN

JUDGEMENT

(1.) By this order I shall dispose of IA No. 7076/96 under Order 39 Rules 1 and 2 and IA No. 4916/97 under Section 151 Civil Procedure Code Filed by the plaintiff. The first application is for ad interim injunction and the second for release of his two FDRs deposited by the plaintiff in pursuance of the interim order.

(2.) The plaintiff has filed this suit for specific performance of an agreement to sell dated 3.3.1996 which defendant had entered into with him for sale of his house No. 107, Block-A, Lok Vihar, Pitampura, Delhi for a sum of Rs. 37,89,000.00 , a sum of Rs. one lakh was paid on that day; the balance amount was payable by 3.6.96 at the time of execution and registration of relevant documents of sale by the defendant. Another cheque of Rs. 3 lakhs was also sent on 7.3.96 but defendant did not encash it; the plaintiff had called upon the defendant by legal notice dated 24.4.96 to complete the sale, after obtaining requisite clearance from income-tax authorities. No reply to it was sent; but vide letter dated 3.6.1996 the defendant informed him that he had committed breach and the amount of earnest money was forfeited. The plaintiff has alleged that he has always been ready and willing to perform his part of the contract but the defendant failed to execute the sale deed and vide his letter dated 3.6.96 wrongfully cancelled the agreement on false grounds. Hence this suit, for specific performance. Alongwith the suit IA No. 7076/96 under Order 39 Rules I and 2 was filed on which an exparte interim order dated August 6, 1996 was passed restraining the defendant from selling, alienating or creating third party interest in the said property and that injunction has been extended. This court also simultaneously directed the plaintiff to deposit the balance sale consideration of Rs. 36,89,000.00 within two weeks in FDR account and to deposit the FDR in the Registry. That was done by the plaintiff. The defendant has filed written statement dispuling the claim of the plaintiff for specific performance. It is alleged that the plaintiff committed breach of the contract and failed to pay the balance amount as agreed within the agreed period, the time was of essence of the sale, and the defendant has forfeited the earnest money of Rs. 1.00 lakh.

(3.) The plaintiff has also later on filed an application being I.A. 4916/97 claiming release of his amount of Rs. 36,89,000.00 lying in two FDRs. This application is also being opposed by the defendant.