AMARJEET S VIDHYARTHI Vs. SUSHILADEVI K PILLANI

JUDGEMENT

(1.) THIS is a suit for specific performance of contract and possession of the property agreed to be sold. In the alternative, it is a suit for damages. The property in respect of which these reliefs are claimed is Flat No. 3 in building No. 5 of the Colaba Co-operative Housing Society, situate on Sohrab Bharucha Road, Colaba Mumbai. Its carpet area is 1400 square feet. The defendant is the owner of the suit flat.

(2.) IT is the plaintiffs case that under the agreement of sale dated 17-4-1985, the defendant agreed to sell the suit flat to him for a consideration of Rs. 12,50,000/ -. The agreement of sale which was reduced to writing contains inter alia the following terms :

(3.) PURSUANT to this agreement the plaintiff handed over a cheque of Rs. 15,000/- to Shri Venkateshwaran for payment to the defendant, who also made an application to the society for granting its permission to transfer the suit flat to the plaintiff. According to the plaintiff the suit flat needed some repairs. Hence with the permission of the defendant, the plaintiff got the suit flat inspected by his architect who estimated the costs at Rs. 1,50,000/ -. The plaintiff has averred that in the first week of May 1985, the defendant through her husband refused to complete the transaction but finally with the intervention of Shri Venkateshwaran, agreed to postpone the completion till 31-5-1985. In the meantime, the society by its letter dated 17-5-1985 informed the defendant that her application for transfer of the suit flat was granted and requested the defendant to send the share certificates and allotment letter for necessary endorsement. The plaintiff therefore, requested the defendant to act accordingly but the defendant avoided to do so and refused to complete the transaction on 31-5-1985. At that time Shri Venkateshwaran was out of India and he returned back on 13-6-1985. Even, therefore, the plaintiff requested the defendant to complete the transaction but the defendant refused to do so.