SAT PAL ( 1 ) THIS is a suit filed on behalf of the plaintiffs for specific performance of agreement to sell dated 25th February, 1990 in respect of 1/4th share out of property bearing No. 17/79, Geeta Colony, Delhi. ( 2 ) THE facts of the case as stated in the plaint are that the defendant is the absolute owner of 1/4th share of property bearing No. 17/79 alongwith its structure situated at Geeta Colony, Delhi-31. It is further stated in the plaint that the defendant entered into an agreement to sell dated 25th February, 1990 with Shri Vishwanath Bajaj whereby the defendant agreed to sell his 1/4th share out of property No. 17/79, Geeta Colony, Delhi for a total consideration of Rs. 1,50,000. 00 out of which a sum of Rs. 50,000. 00 was paid by Shri Vishwanath Bajaj to the defendant on the date of the execution of the said agreement to sell i. e. 25th February, 1990. In terms of this agreement the balance amount of Rs. 1. 00 lac was to be paid to the defendant uptill 15th March, 1990 at the time of the execution of other documents of G. P. A. , agreement, receipt et cetra and the defendant was to deliver vacant and physical possession of the said property. In the said agreement to sell it was also stipulated that in case the defendant failed to deliver the possession in vacant condition or failed to execute other documents of sale within the said fixed period, he shall be liable to pay a sum of Rs. 50,000. 00 received in advance alongwith penalty of Rs. 50,000. 00 to the purchaser and if the purchaser failed to pay the balance consideration within the stipulated period, the amount paid by him as advance would be forfeited and the sale transactions would be deemed to be cancelled. ( 3 ) IT is then stated that the defendant resiled from the agreement and failed to perform his part of agreement by 15th March, 1990 and accordingly Shri Vishwanath Bajaj through his counsel sent a notice dated 16th March, 1990 to the defendant and in this notice the defendant was called upon to pay the amount of Rs. 1. 00 lac (Rs. 50,000. 00 - paid as advance and Rs. 50,000. 00 on account of penalty) within seven days from the receipt of the notice. 1. 00 lac (Rs. 50,000. 00 - paid as advance and Rs. 50,000. 00 on account of penalty) within seven days from the receipt of the notice. It was further stated in this notice that in case the defendant failed to do so, Shri Bajaj would move the appropriate Court for getting the agreement specifically enforced. ( 4 ) IT is further stated in the plaint that Shri Vishwanath Bajaj died on 4th August, 1990 leaving behind the plaintiffs who are his heirs/ legal representatives. It is also stated that after the death of Shri Vishwanath Bajaj, the plaintiffs approached the defendant several times and asked him to complete the transaction but the defendant refused to do so. Hence the plaintiffs have filed the present suit. ( 5 ) THE suit came up for hearing before the Court on 21st February, 1991 and summons were directed to be issued to the defendant. Alongwith the suit, the plaintiffs also filed an application bearing IA No. 1338/91 under Order 39 Rules 1 and 2 and Section 151 of the Code of Civil Procedure. This application also came up for hearing on the same date and the defendant, his agent or anyone acting on his behalf were restrained from selling, alienating, transferring, sub-letting, mortgaging or in any manner parting with possession of his 1/4th share of the property bearing No. 17/79, Geeta Colony, New Delhi. Since the defendant failed to appear despite service, he was proceeded against ex-parte vide order dated 21st January, 1992. On the same date the plaintiffs were also directed to file affidavit by way of evidence within 10 weeks. Pursuant to this order, the plaintiffs have filed affidavit of the plaintiff No. 1 by way of evidence. All the averments and allegations made in the plaint have been proved by the affidavit of plaintiff No. 1. ( 6 ) EX. P-1 is the agreement to sell dated 25th February, 1990 between the defendant and Shri Vishwanath Bajaj in respect of sale of 1/4th share of the property bearing No. 17/79 alongwith its structure for a total consideration of Rs. 1,50,000. 00. Ex. P-2 is the notice dated 16th March, 1990 sent by Shri Vishwanath Bajaj through his counsel to the defendant calling upon him to pay a sum of Rs. 1,00 lac (Rs. 50,000. 00 paid as an. advance and Rs. 50,000. 1,50,000. 00. Ex. P-2 is the notice dated 16th March, 1990 sent by Shri Vishwanath Bajaj through his counsel to the defendant calling upon him to pay a sum of Rs. 1,00 lac (Rs. 50,000. 00 paid as an. advance and Rs. 50,000. 00 on account of penalty) within seven days from the receipt of this notice. It was stated in the notice that in case the defendant failed to pay the said amount within the stipulated period, Shri Bajaj would move the appropriate Court for getting the agreement specifically enforced at his costs and consequence. Ex. P-3 and P-4 are the postal receipt and acknowledgement in respect of the notice Ex. P-2. All these doucments have been duly proved by the evidence of Shri Ramesh Kumar Bajaj, plaintiff No. 1. In his affidavit the plaintiff No. l has also stated that the plaintiffs are the only heirs and legal representatives of late Shri Vishwanath Bajaj. It has also been stated in this affidavit that late Shri Vishwanath Bajaj was always willing and ready to perform his part of the contract and to make the balance payment and the plaintiffs are also ready and willing to pay the balance amount provided the defendant executes the necessary documents and hands-over the vacant possession of the property sold vide agreement to sell dated 25th February, 1990. ( 7 ) AS stated earlier, the defendant failed to appear despite service and was proceeded against ex-parte. The defendant has not filed any written statement to controvert the averments and allegations made in the plaint. On the other hand the plaintiffs have proved the averments made in the plaint by the affidavit of the plaintiff No. l. It has clearly been stated in the affidavit of plaintiff No. l that the plaintiffs are ready and willing to perform their part of the contract by paying balance of Rs. 1. 00 lac. Hence the plaintiffs are entitled to succeed in this case. Accordingly, the suit of the plaintiffs is decreed for specific performance of the contract against the defendant with costs and the defendant is directed to execute the sale deed in respect of 1/4th share of property No. 17/79, Geeta Colony, New Delhi in favour of the plaintiffs and to get it registered after receiving the balance amount of Rs. 1. 00 lacs from the plaintiffs within three months from today. 1. 00 lacs from the plaintiffs within three months from today. The decree may be drawn accordingly. In view of this IA and suit stand disposed of.