UMA SHARMA Vs. BALESHWAR DAYAL

JUDGEMENT

(1.) This is defendant's appeal against the judgment and decree dtd. 17/5/2011 passed by the Additional District Judge, Faridabad vide which the appeal filed by the respondents-plaintiffs was allowed, judgment and decree dtd. 16/3/2010 passed by the Additional Civil Judge (Senior Division), Faridabad was modified and the suit for specific performance filed by the respondents-plaintiffs was decreed. For the sake of convenience, parties shall be referred as per their original status.

(2.) The plaintiffs instituted a suit for specific performance of agreement to sell dtd. 4/12/1994 stated to have been executed by the defendant vide which she agreed to sell a plot measuring 171.18 sq. yds. (fully described in the plaint) situated in the premises known as "TCC Complex", Sector-10, Faridabad (hereinafter referred to as 'the disputed plot'). It was averred that the said agreement to sell had been executed by the defendant vide which she had agreed to sell the disputed plot to the plaintiffs @ 1400/- per sq. yds. The possession was ? handed over at the time of execution of the agreement to sell. 50,000/- was ? paid as earnest money by way of a cheque dtd. 4/12/1994. A receipt-cum-agreement was executed in this behalf. A further sum of 25,000/- ? in cash was paid on 17/12/1994 and a receipt was executed. 25,000/- wa ? s again paid on 20/12/1994 and again a receipt was executed. Both receipts were duly signed by the defendant and were handed over to the plaintiffs.

(3.) The suit was opposed by the defendant. Preliminary objections with regard to maintainability, the suit being time barred, the same being bad for non joinder and mis joinder of necessary parties, cause of action, locus standi, estoppel, the suit not having been properly valued for the purposes of court fee and jurisdiction, the plaintiffs not having approached the Court with clean hands etc. were raised. It was averred that no agreement dated 04. 12.1994 subsisted between the parties and the agreement, if any, stood automatically revoked and cancelled after the expiry of stipulated period of three years. It was averred that the defendant and her husband Girish Chandra Sharma were joint owners in equal shares in respect of Industrial Plot No.3 measuring 1008 sq. yds. alongwith the construction and the superstructure situated at Sector-10, TCC Complex, Faridabad vide two registered sale deeds dtd. 14/10/2002 and 18/11/2003. They had purchased the plot No.3 by way of agreement to sell dtd. 25/10/1994 and finally on 05. 12.1994 when the entire payment was made to the vendor and the defendant and her husband were put in actual physical possession of the plot. Thereafter, the plaintiff No.1 approached the defendant and her husband in December 1994 and paid a sum of 50,000/- with an as ? surance that he would purchase 171.18 sq. yds. out of the plot No.3 and would pay a further sum of 1,40,000/- on or before 25/12/1994 and would ? get the sale deed executed. It was agreed that on failure to pay the said amount, the earnest money would stand forfeited and the bargain would stand cancelled. A formal receipt was executed and signed by the defendant at the instance of plaintiff No.1 on 4/12/1994 but the balance payment of 1,40,000/- was not ? made on or before 25/12/1994. In order to get the receipt dtd. 4/12/1994 treated as an agreement to sell, they got the same entered in the register of a stamp vendor without the knowledge of the defendant or her husband by playing a fraud on them.