SHRI JAGBIR SINGH Vs. GULDAMAN SINGH AND ANR.

JUDGEMENT

(1.) BY this order, I shall dispose of three applications being I.A. No. 3388/2008 (filed by plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908), I.A. No. 3913/2008 (filed by defendants under Order VI Rule 17 of the Code) and I.A. No. 2645/2008 (filed by defendants under Section 151 for bringing additional facts on record).

(2.) THE plaintiff filed the suit for specific performance of the agreement dated 28th April, 2007 entered into between the plaintiff and defendants with respect to flat No. 13, Mall Apartments, Mall Road, Delhi (hereinafter referred to as the said flat). The defendants agreed to sell the flat to the plaintiff for a total consideration of Rs. 74 lakhs, out of which Rs. 5 lakhs was admittedly paid by the plaintiff to the defendants at the time of execution of the receipt -cum -agreement dated 28th April, 2007. As per Clause -I of the agreement, the plaintiff was to pay the balance amount of Rs. 69 lakhs on or before 30th July, 2007 and get the sale/conveyance deed executed and registered in favour of the defendants.

(3.) THE plaintiff on realizing that the defendants were trying to back out of the agreement filed the present suit on 24.7.2007, i.e. six days prior to the last date for making the final payment.