R K GOEL Vs. AMRIT SINGH

JUDGEMENT

(1.) This appeal by the plaintiffs-appellants is directed against that part of the order of a learned single Judge dated 29th September 1997 passed in I.A. No. 8395/96 by which the ex-parte ad-interim injunction order dated 12th September 1996 was vacated against defendant No. 3 and was made absolute against the remaining defendants but subject to the plaintiffs making deposit of Rs. 20 lakhs in fixed deposit in the name of the Registrar of this Court.

(2.) Suit for specific performance was filed by the plaintiffs, interalia, alleging that under an agreement dated 14th June 1995 defendants agreed to sell their land comprised in Mustatil No. 17, Khasra No. 19 Min 22,23 and Mustatil No. 18, Khasra No. 1, 2, 3, 8 min, 9, 10/1 and 10/2, total measuring 41 bighas situated in the Revenue Estate of Village Asalatpur Khawad, Tehsil Mchrauli, New Delhi for a total sale consideration of Rs. 39.12084.00 @ Rs. 4,58,000.00 per acre, to the plaintiffs. Plaintiffs paid Rs. 3 lakhs as earnest money/part payment to the defendants, which payment has been duly acknowledged by them in the aforesaid agreement to sell. As per the terms of the agreement, defendants were to obtain Income-tax clearance certificate' and 'No objection certificate' from the concerned authorities and to execute the sale deed in respect of the said land in favour of the plaintiffs on or before 14th September 1995. It is stated that on 28th July 1995 plaintiffs handed over duly signed No Objection Certificate Form to the defendants to enable them to obtain Income-tax clearance certificate and No objection certificate from the concerned authorities. On 2nd September 1995 plaintiff No. 1 visited the house of the defendants who assured him that they would obtain the Income tax clearance certificate and No objection certificate needed for execution of the sale deed on or before 14th September 1995.

(3.) It is further pleaded that on 14th September 1995 plaintiffs went to the office of Sub-Registrar, Delhi, with the entire balance sale consideration to be paid to the defendants at the time of the execution of the sale deed. Although plaintiffs waited for the defendants upto 4 PM in the office of the Sub- Registrar but the defendants did not turn up to execute the sale deed. Thereafter, on 27th January 1996 plaintiffs got a legal notice served on the defendants calling upon them to obtain No objection certificate and to execute the sale deed within 30 days. Defendants got the reply dated 17th February 1996 sent taking false, frivolous and untenable pleas. It is asserted that the plaintiffs had been ready and willing and are still ready and willing to perform their part of the contract. Defendants are, however, avoiding to execute the sale deed in favour of the plaintiffs.