RAMESH CHANDER SHARMA Vs. POONAM GOYAL AND ANOTHER

JUDGEMENT

(1.) Plaintiff Ramesh Chander Sharma having been non-suited by both the Courts below has preferred the present second appeal.

(2.) Plaintiff-appellant filed a suit for specific performance of the agreement for sale with consequential relief of permanent injunction and for delivery of possession. Plaintiff-appellant has contended that defendantrespondents entered into an agreement for sale on 26.2.2005 in respect of the land measuring 2500 sq. yards plotted area out of the land owned and possessed by them for a sale consideration of Rs. 5750/- per square yard.

(3.) Respondent-defendants resisted the suit by filing their written statement, alleging that the suit of the plaintiff was not maintainable. The plaintiff had no cause of action to file the present suit. The plotted area was to be sold by the plaintiff to the defendants only after getting an approved piece of land measuring 2500 sq. yards from the Government of Haryana through its builders M/s Omaxe Housing and Developers Limited. As the requisite licence was not granted, the claim of the plaintiff has become infructuous. The period of four months was to be computed from the date of the agreement and not from the date when the colony was launched after getting requisite permission/licence from the Government of Haryana. The termination of the agreement is absolutely legal; therefore, the defendants have sought for dismissal of the suit.