Ritesh vs Surat Singh
2014 Latest Caselaw 3994 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                                             Pronounced on: 28th August, 2014

+      CS(OS)1558/2013



       RITESH                                             ..... Plaintiff

                         Through:     Mr. V.P. Rana, Advocate

                                    versus

       SURAT SINGH                                        ..... Defendant

                         Through:     None.


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

G.P. MITTAL. J. (ORAL)

1.

This suit for specific performance and permanent injunction has been

filed by the Plaintiff against the Defendant. Vide an Agreement for

Sale(Ex.PW-1/1) dated 30.05.2013, the Plaintiff agreed to purchase

the land measuring 2 bighas and 7 biswas comprising Khasra

nos.29//5(2-7) situated in the revenue estate of Village Kanjhawala,

Delhi-110081 for a consideration of ` 21 lakhs. An amount of ` 10

lakhs was paid to the Defendant as earnest money (Ex.PW1/2) and the

balance consideration of ` 11 lakhs was to be paid within 30 days, i.e.,

till 29.06.2013 at the time of execution of the Sale Deed subject to

obtaining of NOC by the Defendant. It is the case of the Plaintiff that

on 25.06.2013, the Plaintiff requested the Defendant to obtain the

required NOC in terms of clause 11 of Agreement for Sale

(Ex.PW1/1). The Defendant promised to obtain the NOC in the first

week of July, 2013, but the same was not obtained.

2. The Plaintiff served a legal notice dated 08.07.2013 (Ex.PW1/3)

expressing his willingness to pay the balance amount and again

requested the Defendant to obtain the NOC. The Defendant sent a

reply dated 11.07.2013 admitting execution of the Agreement of Sale

and receipt of the amount of `10 lakhs. He, however, stated that the

Plaintiff was under obligation to pay the balance amount of `11 lakhs

within 30 days and that having not been done, the earnest money of

`10 lakhs had been forfeited. The Defendant also informed that he

never promised the Plaintiff to obtain the NOC.

3. Summons of the suit were served upon the Defendant. The Defendant

preferred not to contest the proceedings and was proceeded ex parte

and ex parte evidence was ordered by an order dated 22.10.2013. The

Plaintiff corroborated the averments made in the plaint by proving the

Agreement for Sale dated 30.05.2013 (Ex.PW1/1), Receipt dated

30.05.2013 for ` 10 lakhs (Ex.PW1/2), legal notice dated 08.07.2013

(Ex.PW1/3) and its reply dated 11.07.2013 (Ex.PW1/4).

4. I have heard the learned counsel for the Plaintiff and perused the

record.

5. As per clause 11 of the Agreement for Sale, the seller was under

obligation to provide NOC from the concerned department/authority

for execution of the Sale Deed. Thus, the Defendant could not have

shied away from his responsibility to obtain the NOC. Since the

Defendant was ordered to be proceeded ex parte, the evidence

produced by the Plaintiff has remained unchallenged and unrebutted.

Consequently, the Plaintiff is entitled to a decree for specific

performance of the contract dated 30.05.2013. The Plaintiff is

accordingly directed to deposit the balance sale consideration of `11

lakh with the Registrar General of this Court within four weeks. The

amount so deposited shall be converted into a fixed deposit for a

period of three months.

6. I hereby pass a decree for specific performance of the contract dated

30.05.2013 in favour of the Plaintiff and against the Defendant

directing the Defendant to obtain the NOC under Section 8 of the

Delhi Land (Restrictions on Transfer) Act, 1972 from the competent

authority within a period of eight weeks for transfer of the suit

property in favour of the Plaintiff and shall execute the Sale Deed

within a period of four weeks thereafter. If the Defendant fails to

obtain the NOC, the Registrar(Original) shall apply to the concerned

authority for obtaining the NOC. On issuance of the NOC, the

Registrar(Original) shall execute the Sale Deed in favour of the

Plaintiff on behalf of the Defendant.

7. Immediately on execution of the Sale Deed, the Defendant shall be

entitled to withdraw the amount of ` 11 lakhs deposited with the

Registrar General of this Court with interest, if any, accrued on the

said amount. If it is found to be not permissible to issue an NOC, the

suit of the Plaintiff for specific performance shall be deemed to be

dismissed and the Plaintiff shall be entitled to refund of the earnest

money of `10 lakhs along with interest @ 12% per annum from the

date of filing of the suit till the amount is paid to the Plaintiff.

8. Once the Sale Deed is executed, the Plaintiff shall be entitled to obtain

the possession of the suit property from the Defendant by getting a

warrant of delivery of possession.

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

10. Decree Sheet be prepared accordingly.

11. Pending applications stand disposed of.

G. P. MITTAL (JUDGE) AUGUST 28, 2014 pst