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2007 DIGILAW 890 (DEL)

KISHORE VERMA v. VINOD BIHARI SINHA

2007-04-30

SANJAY KISHAN KAUL

body2007
SANJAY KISHAN KAUL, J. ( 1 ) THE plaintiff has filed a suit for specific performance against the defendants in respect of plot of land measuring 104 sq meters with a constructed house thereon bearing no. C-496, Vikas Puri, New Delhi ? 110018. The plaintiff claims that the receipt (Expw1/1) was signed which settled the sale consideration for sale of the said house at Rs 38,15,000/- against which Rs 50,000/- was paid leaving a balance of Rs 37,65,000/ -. A further sum of Rs 1,00,000/- was paid thereafter as is written on the back of that receipt and that portion of the document is Expw1/3. ( 2 ) THE plaintiff claims that in terms of Expw1/1, the balance had to be paid at the stage of completion of registration of sale deed, but on 22. 10. 2003 the defendants approached the plaintiff for a further advance of Rs 1,00,000/ -. The stand of the plaintiff is that though this was not required to be paid, in view of the personal needs expressed by the defendants this amount was so paid as is recorded in Expw1/3. The plaintiff claims to have requested the defendants a number of times to execute the sale deed but to no effect and thus ultimately a legal notice was sent on 02. 05. 2005 through counsel. The receipt of the notice was refused. Thus, the suit has been filed. Along with the suit, the site plan has been filed as Annexure A (Expw1/2 ). ( 3 ) THE summons in the suit and notice on the interim application were issued on 17. 04. 2006 and interim orders were also granted in favour of the plaintiff. The plaintiff was directed to deposit the balance amount in court. There was, however, some delay in the deposit of the amount and thus an application was filed by the plaintiff which came up on 18. 05. 2006 on which date the counsel for the plaintiff stated that the draft of Rs 15,00,000/- was ready and the balance amount would be deposited. This application was allowed on the same date and thereafter the plaintiff has made deposit of Rs 36,65,000/ -. The defendants entered appearance through counsel on 27. 07. 2006 and as prayed for were granted 30 days time to file the written statement. A further schedule was laid down but thereafter the defendants stopped appearing. This application was allowed on the same date and thereafter the plaintiff has made deposit of Rs 36,65,000/ -. The defendants entered appearance through counsel on 27. 07. 2006 and as prayed for were granted 30 days time to file the written statement. A further schedule was laid down but thereafter the defendants stopped appearing. The written statement stated to have been filed by the defendants was lying under objections. The defendants were finally proceeded ex parte on 27. 02. 2007. ( 4 ) THE plaintiff has filed evidence by way of affidavits which is Expw1/a. The plaintiff has proved the receipts of payment mentioned as aforesaid as also the site plan Expw1/2. The legal notice has been proved as Expw1/5 while the refused envelope is Expw1/4. ( 5 ) THE aforesaid facts show that the parties had entered into an arrangement for sale of the suit property of which the initial payment was made by the plaintiff and the balance amount was to be paid at the stage of registration of the sale deed. The claim of the plaintiff that the defendants neglected to execute the registered sale deed in favour of the plaintiff has remained unrebutted. Similarly, the plaintiff's claim of readiness and willingness to comply with the obligations of the agreement has also remained unrebutted. The balance sale consideration is already deposited in the Court by the plaintiff. The defendants having appeared initially have chosen to stay away from the legal proceedings and thus there is no defence to the suit of the plaintiff. ( 6 ) A decree of specific performance for the sale of the suit property bearing no. C-496, Vikas Puri, New Delhi ? 110018 is passed in favour of the plaintiff and against the defendants as set out in the site plan Expw1/2 and defendants are called upon to execute the sale deed in favour of the plaintiff and hand over possession of the suit property to the plaintiff. On execution of sale deed, the balance sale consideration of Rs 36. 65 lakh to be released to the defendants by the Registry of this Court. ( 7 ) THE plaintiff is also entitled to costs. The decree sheet be drawn up accordingly.