SACHIN TALWAR Vs. SANDEEP AGRAWAL

JUDGEMENT

(1.) By the present suit the plaintiff, inter alia, seeks a decree of specific performance for the agreement to sell dated 11th March, 2016 further extended by the supplementary agreement/ MOU dated 30th September, 2016 and 6th April, 2016 by receiving the balance consideration of Rs.20 lakhs thereby transferring the suit property by executing a registered sale deed and handing-over peaceful and vacant possession of suit property. In the alternative a money decree for a sum of Rs.1,04,00,000/- along with interest, a decree of permanent injunction and cost.

(2.) Case of the plaintiff is that the defendant who is a builder is the owner and in possession of an immovable property, i.e., entire ground floor (without roof rights) with common passage and separate water and electricity connection along with proportionate share of land underneath in respect of property No. 23-A, a plot measuring 150 Sq. Yds. (125.4 Sq. Mts.), Satyawati Nagar, Ashok Vihar, Phase-Ill, Delhi-110052, situated in the erstwhile land of Village Sidhora Kalan (hereinafter referred to as the "suit property").

(3.) According to the agreement to sell & purchase dated 11th March 2016 defendant agreed to sell the suit property to plaintiff for total consideration of Rs.70,00,000/-. In order to repose confidence of the plaintiff, defendant handed him over the original registered sale deed dated 28th December 2015 which was executed by the erstwhile owner Sh. Om Prakash in his favour.