ARTI SHARMA Vs. BIRENDER KUMAR SINHA

JUDGEMENT

(1.) THE plaintiff has filed a suit in which she has prayed that the possession of the property known as 'Akash Deep Hotel, Alu Ground, Manali may be handed over to her and that the defendant be also directed to pay rent at the rate of Rs.1,13,636.00 per month along with interest and cost.

(2.) THE brief facts necessary for the decision of the present applications are that the plaintiff entered into an agreement to sell the disputed property to the defendant on 31.1.2003. By means of this agreement, the plaintiff agreed to sell Hotel Akash Deep to the defendant along with all furnitures, fixtures and other items for a total consideration of Rs.63.00 Lacs. It was also mentioned that the plaintiff had purchased this property from Belu Ram. A sum of Rs.2,51,000/- was paid at the time of the agreement. Another sum of Rs.10.00 Lacs was to be paid on or before 28.2.2003, Rs.10.00 Lacs on or before 31.5.2003, Rs.15.00 Lacs on or before 31.8.2003 and Rs.25.50 Lacs on or before 31.12.2003. In the said agreement, the plaintiff assured the defendant that he had perfect title over the property and that the property is free from any encumbrances whatsoever. Clause-7 of the agreement provided that in case the agreement is not completed due to failure of the vendee (defendant) in making payment, the agreement would be treated as a lease agreement and the amount of Rs.12.50 Lacs will be retained by the first party as lease money.

(3.) IN the plaint the plaintiff has admitted that she is not recorded as owner of the disputed property anywhere. She claims title to the disputed property on the basis that she had entered into an agreement to purchase the said property from its original owner Belu Ram on 4.10.1999. According to her Sh. Belu Ram, original owner had executed an irrevocable General Power of Attorney in favour of her husband Suresh Sharma and a Will in her favour. According to her, she had purchased the total property for a sum of Rs.17,80,000.00 out of which Rs.10,50,000/- was paid to H.P.F.C. with whom the hotel was mortgaged. Therefore, as per the plaintiff, she has acquired legal and valid title to the property.