DEVENDERJEET SINGH SETHI Vs. OM PRAKASH ARORA

JUDGEMENT

(1.) The Plaintiff has filed the present suit for Specific Performance and implementation of the Receipt cum Agreement dated 5th March 2010 in respect of property bearing No. 7/13 Roop Nagar, Delhi, 110007 admeasuring about 515 square yards (hereinafter the "suit property").

(2.) The case of the Plaintiff as stated in the plaint is that, Plaintiff was searching for some residential property in Roop Nagar area, Delhi and he was informed about the suit property by Property dealers- Shri Gagan Makkar and Shri Harmeet Singh (hereinafter "the brokers"). On 21st February 2010, the Plaintiff together with the brokers visited the above said suit property. During the meeting, he was informed that the suit property was jointly owned by Defendant Nos. 1 and 2 and also by Defendant No. 3, who although was not residing in India, but had given his consent to Defendant Nos. 1 and 2 for negotiating and finalization of the sale of the suit property. Plaintiff was shown copies of the title papers of the suit property. On perusal of the same, it transpired that the suit property was originally purchased by Late Shri Jeevan Dass, who is the erstwhile recorded owner of the suit property. He died intestate on 13th March 1979 and all his legal heirs i.e., his sons and daughter released/relinquished their rights in the Suit Property in favour of their mother Smt. Ram Pyari. She thus became the complete owner of the Suit Property. Eventually, she died on 22nd September 1999 leaving behind a registered Will dated 8th January 1981 and by virtue of the said Will, the suit property was bequeathed to all the Defendants. No Objection Certificates were issued by other surviving heirs of Late Smt. Ram Pyari and the Suit Property was mutated in favour of all the Defendants who then became the complete and joint owners of the undivided suit property.

(3.) After scrutinizing the title documents, Plaintiff expressed his willingness to purchase the Suit Property and telephonically informed Defendant No. 3 about the same. Defendant No.3 assured that he was soon likely to travel to India and also informed that Defendant Nos. 1 and 2 were fully authorized and competent to deal and conclude the sale transaction and issue receipts on his behalf. It was further assured by Defendant Nos. 1 and 2 that they would secure fresh No Objection Certificates from other legal heirs and furnish the same to the Plaintiff prior to the execution of the Sale Deed.