DEEWAN ARORA Vs. TARA DEVI SEN

JUDGEMENT

(1.) THIS suit for specific performance was filed by the plaintiff (hereafter, Deewan), against the first defendant (hereafter, Tara Devi) seeking a decree of specific performance in terms of the Agreement to Sell dated 14.02.2008 that was allegedly executed by her in respect of C- 515,Avantika, Rohini, Sector-1, Delhi-110085 (hereafter "the suit property"), in Deewan's favour along with a direction to the third defendant, GE Money Housing Finance (hereafter, GE Money), to hand over all the documents of the suit property on repayment of home loan taken by the defendant for the purchase of the suit property.

(2.) ACCORDING to the suit averments Tara Devi is the owner of the suit property, which is a free hold property that she had purchased through a valid sale deed dated, 27.07.2007 from one Tajinder Singh S/o Mahendra Singh, and had executed an agreement to sell on 14.02.2008in Dewan's favour for a sale consideration of Rs. 23,50,000/-. It is alleged that a sum of Rs. 8,00,000/- was paid to her in cash on 14.02.2008 by Deewan, and it was agreed that she would handover vacant physical possession of the suit property to him by 10.04.2008, which condition was complied with. It is further alleged that it was agreed between the parties that the balance consideration of Rs. 15,50,000/- was to be paid by Deewan to her on or before 10.05.2008.Accordingly a sum of Rs. 9,30,000/- was again paid in cash on 02.05.2008. Deewan alleges further that, when on

(3.) THE defendants were served through affixation of summons, and by publication; they did not, however appear in the proceedings. By order dated 09.02.2009 the first and the second defendants were preceded ex-parte and the third defendant's right to file a written statement was closed, as it had failed to file it for almost six months. An ad interim injunction was also granted by the Court against GE money restraining it from creating any third party rights or parting with the possession of the suit property. Further, on 16.07.2009 GE Money was also proceeded ex-parte.