DEEPAN KUMAR Vs. JAI PRAKASH AGGARWAL

JUDGEMENT

(1.) BY this order, I shall be disposing of the application filed by the plaintiff under Order 39 Rule 1 and 2 CPC.

(2.) THE brief facts are that the plaintiff had entered into an agreement dated 17th March, 2008 with the defendant for the sale of property at ground floor (except common passage and stairs) without its roof rights and above with all fittings and fixtures of water, electric, sanitary with its connection in working conditions and wooden etc. with the freehold rights of the land underneath proportionately measuring 300 sq. yards at I-74, Ground Floor, phase I, Ashok Vihar, Delhi-110052 for a sale consideration of. Rs. 1,94,00,000/- which was in ownership and possession of the defendant.

(3.) AS per the terms and conditions of the agreement to sell, the defendant had assured the plaintiff that the said property was free from all sorts of encumbrances such as prior sale, gift mortgage, charges, lien, attachment surety etc. The condition was prerequisite and a material fact of the agreement.