CS(OS) No. 1445 of 2005. Case: Ganesh Vs Kailash Chand. High Court of Delhi (India)
| Case Number | CS(OS) No. 1445 of 2005 |
| Counsel | For Appellant: Mr. B. L. Chawla, Advocate and For Respondents: Mr. S. C. Singhal, Advocate |
| Judges | S. Muralidhar, J. |
| Issue | Delhi Land (Restriction on Transfer) Act, 1972 - Sections 4, 5 |
| Judgement Date | October 09, 2013 |
| Court | High Court of Delhi (India) |
Judgment:
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The Plaintiff, Mr. Ganesh, has filed this suit for specific performance against Mr. Kailash Chand, the Defendant, for a direction to the Defendant to perform the obligations under the Agreements dated 18th June 2004 and 14th September 2004 and execute a registered Sale Deed in favour of the Plaintiff in respect of the Defendant''s 1/3rd share (2 bigha and 8 biswas) out of Khasra No.28/11, Village Kakrola, New Delhi and deliver to the Plaintiff the vacant possession thereof. The other relief is for injunction, restraining the Defendant from alienating, transferring or parting with the possession of the suit property to anyone except the Plaintiff. As an alternative prayer, the Plaintiff seeks compensation/damages in the sum of Rs.8,00,000, in addition to the refund of the sum of Rs. 8,00,000 paid by the Plaintiff to the Defendant as earnest money.
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According to the Plaintiff, the aforementioned two agreements were entered into between the parties, whereby the Defendant agreed to sell to the Plaintiff the suit property for a total consideration of Rs. 20,00,000. It is stated that the Defendant received a token sum of Rs. 2,00,000 on the date of the signing of the agreements. It is stated that it was agreed between the parties that the balance consideration of Rs. 18,00,000 would be paid and the transaction of sale be completed by 15th September 2004. A bayana receipt dated 18th June 2004 to the said effect has been exhibited as Exhibit P-1. Another sum of Rs. 4,00,000 is stated to have been paid by the Plaintiff to the Defendant by cash on 22nd June 2004. A sum of Rs. 1,00,000 was paid through cheque Nos. 59091 and 59092. Thus, the Defendant received a total sum of Rs. 8,00,000. The receipt executed to this effect is Exhibit P-2.
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According to the Plaintiff, although he was ready and willing to perform his part of the obligation, the Defendant got a false notice issued to the Plaintiff in the beginning of September 2004, to which the Plaintiff replied on 6th September 2004. Since the registered cover in which the reply was sent, was returned ''undelivered'', the Plaintiff sent a telegram dated 14th September 2004. It is stated that on the same date, a ''mutual agreement'' was entered into between the parties and reduced to writing. A copy of the said agreement has been exhibited as Exhibit P-6. In the said agreement, the Defendant acknowledged receipt of the sum of Rs. 8,00,000 out of the total sale consideration of Rs.20,00,000. It was agreed that the final date for payment of the balance consideration and the execution of the documents would be 4th October 2004.
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The Plaintiff states that he had obtained the pay orders and the bankers'' cheques on 14th September...
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