PREM PRAKASH Vs. NEETU DHARAMVEER BHATIA

JUDGEMENT

(1.) BY this petition, the petitioner seeks leave under Clause XII of the Letters Patent to sue the respondent in this Court.

(2.) THE respondent having acquired shop bearing No. 21-B on the ground floor of the property known as Kamanwala Nagar 1 situate at Village Bolinge, Taluka Vasai, District Thane Agashi Road, Virar (for short, the said shop) on what is popularly known as ownership basis agreed to sell the said shop to the petitioner for the consideration and on the terms and conditions contained in the Agreement dated 15th October, 1992 entered into by and between the petitioner and the respondent at Bombay (for short, the said agreement ). Clauses 5 and 7 of the said agreement, which are relevant for the purpose of this petition, read as under :--5. At the time of completion of sale, the Vendor shall against the payment of the said balance purchase price, execute duly stamped sale deed or other documents in favour of the purchaser or his nominee or nominees or such deeds, documents and writings as are necessary for affectuating the said transfer in favour of the purchaser or his nominee or nominees. "

(3.) ACCORDING to the petitioner, the petitioner has at all times been and is still ready and willing to perform the said agreement but the respondent has failed to perform obligations thereunder. After calling upon the respondent to complete the sale of the said shop in favour of the petitioner in accordance with the terms and conditions of the said agreement, the petitioner intends to file the present suit against the respondent in this Court for Order and decree directing the respondent to specifically perform the said agreement and for the said purpose, has lodged the plaint in the office of this Court. The relevant prayers in the plaint are as under :--