ANAND SINGH YADAV Vs. POONAM RAJ

JUDGEMENT

(1.) Affidavit-of-service filed in Court today is taken on record. Despite service none appears to oppose the present application. The petitioner in this application is the plaintiff in a suit for specific performance of a contract for sale executed between the plaintiff and the defendant nos.1 and 2, for themselves as also on behalf of the defendant nos. 3 and 4, on 24/12/2016.

(2.) It is the plaintiff's case that the plaintiff was inducted as a monthly tenant in respect of the suit property by defendant nos. 1 and 2 for a monthly rental payable to the defendants. The plaintiff runs a business of Bar-cum-Hotel, run under the name and style of Honey Everest Restaurant and Bar from the suit property.

(3.) In terms of the aforesaid agreement for sale the plaintiff has already paid a sum of Rs.26.00 lakhs as earnest money out of the agreed consideration of Rs.1.00 crore only. It was agreed by and between the parties to the agreement that the balance consideration of Rs.74.00 lakhs would be paid at the time of registration of the sale deed and that so long the sale deed is not registered, the plaintiff shall continue to occupy the suit property as a tenant. It was also agreed that the defendant nos. 1 and 2 would convey the suit property to the plaintiff within a period of four years from the date of execution of the agreement for sale.