T.V.R. Tatachari, J. - (1.) The appellant, Messrs Eldee Velvet and Silk Mills (P) Ltd.. which is a private Limited company with its registered office in Bombay, has filed this appeal against the judgment and decree of Shri R. L. Sehgal, Commercial Subordinate Judge First Class, Delhi, dated 11th April, 1961, dismissing a suit. No. 253 of 1958, filed by it for specific performance of an agreement of sale executed by the respondent herein. Shri Anant Ram Whig.
(2.) The aforesaid suit was originally filed on 21st July, 1958. On a preliminary objection to the plaint raised by respondent (defendant). the trial court passed an order, dated 29th August, 1958, holding that the plaint suffered from prolixity, and directing the plaintiff to amend the plaint by eliminating all unnecessary pleadings from it. Accordingly, an amended plaint was filed on 13th September, 1958.
(3.) The facts which led to the filing of the suit are as follows: On 9th January, 1955, the Government of India, Ministry of Rehabilitation, put to sale by public auction the lease-hold rights in plot No. 4, Block No. 10. Golf Link Area, New Delhi, measuring 1243 square yards. The respondent herein gave the highest bid of Rs. 68,000.00 for the said plot, and the auction was closed in his name subject to the approval of the Government. The bid of the respondent was subsequently accepted by the Government of India, and thereafter the respondent applied to the Settlement Officer, Ministry of Rehabilitation. Government of India, for adjustment of certain compensation due to him and some other persons for immovable property left by him and them in Pakistan against the purchase price. On 23rd No. vember. 1955, the respondent received a memorandum (Ex. D/1) from the Ministry of Rehabilitation informing him that his bid was accepted, that his compensation application was finalised, that it was decided to deliver the possession of the plot to him provisionally, and that a regular letter of allotment will follow in due course. It was also stated in that memorandum that the issue of the same was only provisional and did not constitute the transfer of complete title in the property, and that the said property cannot be sold or mortgaged until the final letter of adjustment of compensation was issued. The respondent took provisional possession of the plot on the same date.;