AARTI Vs. LALIT KUMAR SHARMA

JUDGEMENT

(1.) PRESENT civil suit is filed for decree of specific performance of agreement dated 4.1.2013. In addition decree of mandatory injunction also sought in favour of plaintiff and against defendant directing defendant to execute sale deed and decree of permanent prohibitory injunction is also sought in favour of plaintiff and against defendant from interfering in the peaceful possession of plaintiff. Additional relief also sought restraining defendant through his legal representative or any authorized person for creating interest in favour of third party and from alienating and changing nature of suit property with costs.

(2.) IT is pleaded that on 4.1.2013 defendant executed agreement of sale with plaintiff relating to suit property comprised in khata No. 117 Khatauni No. 226 khasra No. 823 measuring 0 -44 -78 hectare in consideration amount of Rs. 2600000/ - (Twenty six lacs) in favour of Smt. Aarti plaintiff. It is further pleaded that in total defendant received Rs. 1600000/ - (Sixteen lacs). It is further pleaded that remaining consideration amount of Rs. 1000000/ - (Ten lacs) was to be paid at the time of execution of sale deed. It is further pleaded that defendant had also given possession of suit property to the plaintiff at the time of execution of agreement of sale. It is further pleaded that sale deed was to be executed on or before 15.10.2013. It is further pleaded that defendant did not execute sale deed. It is further pleaded that plaintiff is ready and willing to perform her part of the contract. It is further pleaded that defendant did not perform his part of contract. Prayer for decree of suit as mentioned in relief clause sought.

(3.) COURT heard learned Advocate appearing on behalf of plaintiff and Court also perused entire record carefully.