SUNRISE CONSTRUCTION Vs. VEENA WAHI

JUDGEMENT

(1.) THE plaintiff has filed the present suit to seek a decree for specific performance in respect of the defendant's 1/5th undivided share in property bearing No. D-8, South Extension Part-II, New Delhi. The case of the plaintiff as set out in the plaint is that one Dr. Desh Raj Kehar was the owner of built up property No. D-8, N. D. S. E. , Part-II, New Delhi admeasuring 1080 sq. Yds. He died in the year 1967 leaving behind eight legal heirs. Smt. Durga Devi, the widow of late Dr. Desh Raj Kehar disposed off a part of the property admeasuring 330 Sq. Yds. situated at the rear side and after such sale, the area left with the said legal heirs of late Sh. Desh Raj Kehar was 764 Sq. Yds (herein referred to as the "said property" ). Smt. Durga Devi, also died on 03. 03. 1993 leaving behind five legal heirs namely Dr. Prem C. Kehar (son), Mahinder Kumar Kehar (son), Mrs. Swaran Kapoor (daughter), veena Wahi (daughter), Dr. Mrs. Jagjeet Moorti (daughter ).

(2.) THE aforesaid five legal heirs inherited the said property admeasuring 764 Sq. Yds. in equal share i. e. l/5th undivided share each. Three of the aforesaid legal heirs namely Dr. Prem C. Kehar, Dr. Mrs. Jagjeet Moorti and the legal heirs of Mrs. Swaran Kapoor sold their 1/5th undivided share by way of three sale deeds executed on 28. 04. 2006, 28. 04. 2006 and 25. 05. 2006 respectively in favour of the plaintiff.

(3.) IT is the case of the plaintiff that the defendant, owner of 1/5th undivided share of the said property, (herein referred to as the suit property), who also claimed to be in actual physical possession of one room, one kitchen and the right to use the terrace in common in the said property, had entered into an oral agreement with the plaintiff on 18. 09. 2007 to sell all her rights, titles and interest in the suit property to the plaintiff for a total consideration of Rs. 1,60,00,000/- (One Crore Sixty Lacs Only ). The plaintiff further states that after having entered into the oral agreement the plaintiff had paid, and the defendant had received a part of the sale consideration of Rs. 25,50,000/-from the plaintiff. Of the said amount, Rs. 50,000/- was paid by cash and Rs. 25,00,000/- was tendered by cheque bearing No. 261087 dated 18. 09. 2007 drawn on Dena Bank, South Extension Branch, New Delhi. The balance consideration of Rs. 1,34,50,000/- was agreed to be paid on or before 31. 12. 2007 at the time of execution and registration of the sale deed and handing over of the possession of the portion in the defendant's possession. Receipt for Rs. 25,50,000/- was executed, acknowledging the receipt of the said amount, and also containing the essential terms of the agreement. The receipt cum agreement was written in hand by the son-in-law of the defendant, signed by the defendant, and the daughter of the defendant was a witness thereto.