Sanjay Bansal vs Monika Gupta
2014 Latest Caselaw 3954 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                              Pronounced on: 27th August, 2014
+      C.S. (OS) NO. 503/ 2013

       SANJAY BANSAL                                       ..... Plaintiff

                          Through:      Mr. K. K. Makhija, Advocate with
                                        Mr. Anuj Arora, Advocate.

                                     Versus

       MONIKA GUPTA                                        ..... Defendant

                          Through:      None.

CORAM:
HON'BLE MR. JUSTICE G.P. MITTAL

G.P. MITTAL. J. (ORAL)

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

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