JASPINDER KAUR Vs. IQBAL SINGH AND OTHERS

JUDGEMENT

(1.) CM No.7714-C of 2015

(2.) RSA No.3198 of 2015

(3.) The brief facts of the case are that plaintiff-respondent Iqbal Singh filed a suit against Anil Kumar, Neeraj Kumar, Jaspinder Kaur and PUDA, for possession of the suit property by way of specific performance of agreement to sell dated 28.09.2000 with consequential relief of permanent injunction against the defendants. It is the case of the plaintiff that defendant No.3 acting as General Power of Attorney of defendants No.1 and 2 entered into an agreement dated 28.09.2000 with the plaintiff to sell the semi built plot No.C-80 situated in Phase-VI, SAS Nagar, Mohali, for a sum of Rs. 43,50,000/- by receiving earnest money of Rs. 5 lacs in order to get the sale/transfer deed of plot executed on or before 28.02.2001 or within a period of 30 days after issuance of 'No Objection Certificate' (NOC) by defendant No.4 or whichever would be earlier. Defendant No.3 acting as such agreed with the plaintiff to extend the date of execution of sale deed mutually on account of non issuance of NOC by defendant No.4, on the reason by shifting responsibility to S.S.Bedi to obtain NOC from defendant No.4. Defendant No.3 also agreed to hand over physical vacant possession of the premises in dispute at the time of receipt of full and final payment of sale consideration of the same. It is the case of the plaintiff that defendant No.3 ultimately could not obtain the NOC and could not complete all other formalities.