RANJAN KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in the present case is seeking following reliefs:-

(2.) The petitioner in the present case entered into an agreement for sale on 7th Day of March,2022 with one Reshma Kumari @ Nutan Sharma d/o late Sarju Prasad Singh, wife of Shri Anshuman (not a party respondent) which is in respect of one Flat bearing No. 103 in Badal Kutir Apartment situated at Mohalla Nehru Nagar, P.S.- Patliputra, District-Patna for consideration amount of Rs.50.00 lakhs. A copy of the agreement has been brought on record as Annexure '1' to the writ application. The agreement is notorised one and bears the signature of Notary. According to the terms and conditions mentioned therein, the petitioner had advanced a sum of Rs.9.00 lakhs with a promise to pay the remaining amount of Rs.41.00 lakhs to be paid to the vendor at the time of execution of registration of final transfer deed on or prior to 30/8/2022. According to the clause 10 of the Agreement, the physical and vacant peaceful legal possession of the said property shall be handed over to the vendor at the time of final transfer deed and receipt of final balance payment.

(3.) In the writ application, the petitioner claims that his vendor Reshma Kumari had put him in possession of flat No. 103 on 14/4/2022. This Flat is claimed in the share of the vendor against 40% of the land over which the Apartment has been constructed.