SUDERSHAN KUMARI JAIN Vs. SH PRAN NATH JAIN

JUDGEMENT

(1.) THE appellant filed a suit for specific performance of the Agreement to Sell and for possession in respect of property bearing No. 135 Block H, Vir Nagar colony, G. T. Road, Gur Mandi, Delhi measuring 250 square yards for a total consideration of Rs. 1,50,000/ -.

(2.) IT is the case of the appellant that a written Agreement of Sale was executed on 03. 08. 1977, a copy of which was filed along with the plaint, but the original was alleged to be in the custody of respondent no. 1.

(3.) THE respondent no. 1 is stated to be a perpetual sub lessee of the property in question having acquired the said rights in pursuance to a deed dated 30. 09. 1967 by the Land and Housing Department, Delhi of the Delhi Administration in favour of respondent no. 1 duly registered on 16. 01. 1968. In view of the Agreement to sell, the respondent no. 1 (original defendant) is stated to have applied for sale permission of the suit property to the Delhi Development Authority as in terms of the sub lease deed fifty per cent of the unearned increase was payable to the said authority on transfer of the property. In pursuance to the request of respondent no. 1, the permission was accorded by the DDA vide letter dated 05. 10. 1977. The defendant is also stated to have applied to the Income Tax department on 18. 01. 1979 for grant of a certificate under Section 230a (1) of the income Tax Act, 1961 ("the said Act" for short) which was also issued and filed along with the plaint.