VINOD KUMAR CHOPRA Vs. NARAIN SINGH

JUDGEMENT

(1.) The instant Regular Second Appeal has been filed by the appellant-plaintiff (hereinafter referred to as 'the appellant') assailing the judgment and decree dated 21.03.2015 passed by the learned Civil Judge (Senior Division) Gurgaon (now Gurugram), which was affirmed in appeal by the lower Appellate Court.

(2.) In short, the facts of the case as alleged are that, the respondent-defendant (hereinafter referred to as 'the respondent') agreed to sell the suit property to the appellant for a total consideration of Rs.14,85,000/- per acre on 18.08.2003, out of which a sum of Rs. 2,00,000/- was paid through cheque and a sum of Rs. 50,000/- was paid in cash as earnest money and the sale deed was to be executed on 30.09.2003 on receiving the balance sale consideration. The respondent was to obtain No Objection Certificate under Section 7-A of the Haryana Urban Development & Regulation of Urban Area Act, 1975 in favour of the appellant prior to the execution and registration of the sale deed, but the respondent did not obtain the NOC. It is averred that the appellant has always been ready and willing to perform his part of the contract on payment of balance sale consideration amount, but the respondent did not care to obtain the NOC from the concerned authorities. It is submitted that the appellant appeared before the Sub Registrar on 30.09.2003 fully prepared with remaining sale consideration along with other expenses for stamp papers, but the respondent did not turn up. Hence, the suit.

(3.) Earlier, an ex parte judgment and decree was passed in favour of the appellant on 26.03.2007, but the same was set aside on the application moved by the respondent under Order 9 Rule 13 of CPC, by an order dated 30.01.2014 and thereafter, the respondent filed his written statement.