NARESH GAUR Vs. UMA GUPTA

JUDGEMENT

(1.) SEVEN Plaintiffs have joined together to file the present suit seeking specific performance of an agreement to sell dated 18th October 1994 in respect of an industrial Plot No.34 measuring 360 sq.m. in the Functional Industrial Estate, Patparganj, Delhi-110092 (hereafter suit property?). The parties to this agreement were Plaintiff No.1, the predecessor-in-interest of Plaintiffs 2 to 7 late Shri Suresh Gaur who was the elder brother of Plaintiff No.1 and the Defendant

(2.) THE background to the filing of the present suit is that on 20th March 1990 an allotment was made by the Industries Department of the aforementioned industrial plot in favour of Shri Bhagwan Das Gupta. A Will was executed on 27th June 1990 by Shri Bhagwan Das Gupta. Under the Will one half of the undivided share of the plot was bequeathed to Smt. Laxmi Devi Gupta, the wife of Shri Bhagwan Das Gupta and the other half of the share was bequeathed to the Defendant. It was provided in the Will that after the death of Smt. Laxmi Devi Gupta her share in the undivided plot would devolve on the Defendant who would become the sole owner of the property. Shri Bhagwan Das Gupta expired on 13th November 1990. A Probate Case No.40 of 1991 was filed in this Court in respect of the said will dated 27th June 1990.

(3.) ,50,000/- in cash and a sum of Rs. 2,50,000/- by way of two demand drafts dated 21st September 1994for Rs. 1,25,000/- each. A receipt dated 18th October 1994 was executed by the Defendant and Smt. Laxmi Devi Gupta in acknowledgment of the receipt of Rs. 7 lakhs. 4. Under the agreement to sell, the clauses of which will be discussed hereafter, it was agreed that the balance sum of Rs. 7 lakhs would be received by the sellers at the time of delivering the vacant physical possession of the suit property and execution registration of the concerned documents such as the general power of attorney (GPA?), agreement to sell, affidavit, Will, receipt or sale deed in favour of the purchasers or their nominees "within three months". The agreement further stipulated that the balance amount would be payable "after 15 days from execution of the sale deed in the name of the first party and informing to the second party by the first party". It was further agreed that the price was settled and would neither be reduced nor enhanced by either party. The second party i.e. the purchasers were entitled to get the sale deed registered in their names "after 15 days from getting the information of transfer of the lease deed in the name of the first party". The agreement acknowledged the pendency of the probate case. It was agreed that if the seller failed to get the case cleared from the High Court within three months then the purchasers shall have the full right to take back the said amountwith back interest within a period of one week. The balance payment was to be made within 15 days from the date of execution of the lease deed in respect of the said plot as well as taking over of the possession of the above said plot by the second party by the Commissioner of Industries.