SIMMI DHAWAN Vs. NAVIN MALHOTRA & ORS

JUDGEMENT

(1.) The Plaintiff - Smt. Simmi Dhawan has filed the present suit being CS(OS) 984/2014 seeking specific performance of agreement to sell dated 23rd December, 2013. On 29th August, 2018, arguments were heard on behalf of the parties and judgment was reserved. However, it was thereafter brought to the notice of the Court that another connected suit between the same parties, being CS(OS) 75/2017 was also pending and evidence was underway in the said matter. In CS(OS) 75/2017, evidence has since been concluded. Accordingly, the present judgment would be disposing of both the suits. At the time when submissions were heard in CS(OS) 984 /2014, the Defendants were duly represented by Mr. S.C. Singhal, Advocate. After hearing submissions, judgement was reserved. However, once evidence in CS(OS)75/2017 concluded, Mr. Singhal Ld. Counsel has sought discharge in the said suit and has, accordingly, been discharged.

(2.) The case of the Plaintiff- Mrs. Simmi Dhawan is that vide agreement to sell and purchase dated 23rd December, 2013, the Defendant - Sh. Naveen Malhotra @ Navin Malhotra had agreed to sell the front portion of the two and a half storied building - freehold property bearing no. No.B-24, land area measuring 305 sq.yds. approx., along with front half portion of Garage, situated in the residential colony known as 'Kailash Colony' at Village Zamrudpur, on Lajpat Nagar and Kalkaji Link road, in Delhi (hereinafter "suit property"). As per the said agreement, the agreed sale consideration was a sum of Rs.6.5 crores along with brokerage, etc.

(3.) Mrs. Dhawan's case is that she has paid the entire sale consideration to the Defendant, however, since the property was mortgaged with M/s Indiabulls Housing Finance Ltd., Mr. Malhotra sought time to obtain the original documents from Indiabulls and thereafter register the sale deed, in her favour. On 25th January, 2014, M/s Indiabulls and Mr. Malhotra entered into a settlement and the loan account of Indiabulls was finally settled. The "No Dues Certificate" was also issued by Indiabulls on 14th February, 2014. After the issuance of the No Due Certificate, Mrs. Dhawan claims to have again approached Mr. Malhotra for executing the sale deed.