Sanjay Bansal v. Monika Gupta

1. The brief facts of the case at hand are that an Agreement to Sell dated 07.05.2012 was entered into between the Defendant (Vendor) and the Plaintiff (Vendee) in respect of property situated at Plot No. 68, measuring 50.40 sq. mt., Pocket–II, Block–G, Sector–11, Rohini, New Delhi–110085 (hereinafter referred to as the ‘suit property’) for a total sale consideration of Rs. 80,00,000 (Rupees Eighty Lakhs) to be paid by the Plaintiff to the Defendant. Out of the total sale consideration, Rs. 50,00,000 (Rupees Fifty Lakhs) was paid on the same day by the Plaintiff and the receipt in respect of the same was also issued by the 2014:DHC:4184 Defendant. The remaining consideration of Rs. 30,00,000 (Rupees Thirty Lakhs), as per the terms of Agreement to Sell was to be paid on or before 15.05.2012 i.e. at the time of execution of the Sale Deed.

2. It was further covenanted in the Agreement to Sell that on payment of balance consideration by the Plaintiff, transfer papers of the suit property shall be executed by the Defendant and vacant physical possession of the suit property shall be handed over to the Plaintiff by the Defendant. Moreover, it was agreed that if the Plaintiff fails to pay the balance sale consideration within the stipulated period, the amount already paid shall stand forfeited to the Defendant after giving a 15 days’ notice for payment and if the Defendant fails to execute transfer papers within stipulated period, she shall refund double the amount of the money already received to the Plaintiff and the Plaintiff shall also be entitled to institute a suit for specific performance of the Agreement to Sell.

3. Thus, since the Defendant failed to perform her part of the Agreement within the stipulated period and even within the extended period by 31.12.2012, as granted to her on her request, the present suit seeking specific performance of the Agreement to Sell has been instituted.

4. The learned counsel for the Plaintiff pleads on behalf of the Plaintiff that he was always ready and willing to perform his part of the contract and discharge his obligations under the Agreement to Sell. Before instituting the present suit, he had even served a legal notice dated 15.01.2013 upon the Defendant requesting her to execute the Sale Deed in respect of the suit property in terms of the Agreement to Sell on or before 20.01.2013, else he will be constrained to take legal action, but of no avail.

5. The Defendant entered appearance through her counsel on 12.08.2013 and sought time to file the Written Statement. 4 weeks time was granted. However, no written statement has been filed till date inspite of repeated opportunities been granted to the Defendant. The statutory period of 30 days as well as extended period of 90 days has long expired. No application seeking condonation of delay in filing the Written Statement has been moved by the Defendant. No one appeared on behalf of the Defendant even till 04:30 p.m. despite the matter being passed over. Consequently, the Plaintiff becomes entitled to a judgment against the Defendant in terms of Order VIII Rule 10 of the Code of Civil Procedure, 1908.

6. The documents filed with the plaint establish the Agreement to Sell dated 07.05.2012 and receipt of the amount of Rs. 50,00,000 (Rupees Fifty Lakhs) is also proved. Balance consideration of Rs. 30,00,000 (Rupees Thirty Lakhs) also stands deposited in the Court by the Plaintiff. Hence, I do not find any impediment in decreeing the suit of the Plaintiff as claimed.

7. Thus, I hereby decree the suit in favour of the Plaintiff for specific performance of the contract dated 07.05.2012 and grant him the reliefs claimed. The Defendant shall execute the Sale Deed in respect of the property situated at Plot No. 68, measuring 50.40 sq. mt., Pocket – II, Block – G, Sector – 11, Rohini, New Delhi – 110085 in favour of the Plaintiff within a period of 8 weeks. The Defendant shall be entitled to withdraw the balance consideration of Rs. 30,00,000 (Rupees Thirty Lakhs) deposited by the Plaintiff in this Court alongwith requisite interest after execution of the Sale Deed. The Defendant is also restrained from transferring to or creating any third party interests in the abovementioned property.

8. If the Defendant fails to execute the Sale Deed as per the directions of this Court, the Plaintiff shall be entitled to get the Sale Deed executed through the Registrar (Original Side).

9. The suit stands decreed in above terms with costs.

10. Decree Sheet be prepared accordingly.

G. P. MITTAL

(JUDGE) AUGUST 27, 2014 sj