CULTURUL & WELFARE SOCIETY Vs. GIRDHARI LAL DHARA

JUDGEMENT

(1.) This Regular First Appeal is preferred by the appellant against the judgment and decree dated 27.07.2018 passed by the learned Additional District Judge-04/East District, Karkardooma Courts, Delhi/ (hereinafter as the learned 'Trial Court') in Civil Suit No.125/2017 whereby the suit filed by appellant was dismissed.

(2.) The brief facts which led to filing of this appeal are appellant filed the aforesaid Civil Suit for specific performance in respect of the agreement to sell dated 30.06.2006 pertaining to the property No.742, situated in revenue estate of Village Mandawali, Fazadpur, Shahdara, Delhi, admeasuring three bigha and six biswas (hereinafter referred as the 'suit property'), owned by the respondent. The respondent had informed the suit property was under dispute as four persons namely Amin Chand, Jagan Singh, Prem Singh and Dhiraj Singh were in unauthorised possession of the said property and Suit No.486/1977 was filed by the respondent herein against them which, though, was decreed on 28.08.2001, but the RFA(OS) No.29/2001 was still pending as filed by two of the unauthorised occupants. The said agreement to sell was for Rs.1,50,000,00/-; out of which the appellant had paid Rs.5.00 Lac at the time of the entering into the agreement but since the earnest money was of Rs.30.00 Lac; the balance Rs.25.00 Lac was paid to the respondent through a post dated cheque dated 03.11.2006. It was agreed the balance sale consideration would be payable at the time of the execution of the sale deed on or before 03.01.2007.

(3.) On 30.10.2006, the appellant came to know about a public notice published in Dainik Jagran newspaper about filing of the civil suit against respondent by one Mr.G.V.S. Tomar, pending before the Court of learned Additional District Judge, Delhi with respect to the suit property.