SOBHAG NARAIN MATHUR Vs. PRAGYA AGRAWAL
LAWS(DLH)-2007-4-45
HIGH COURT OF DELHI
Decided on April 27,2007

SOBHAG NARAIN MATHUR Appellant
VERSUS
PRAGYA AGRAWAL Respondents

JUDGEMENT

Vipin Sanghi, J. - (1.) The plaintiff has filed the present suit seeking a decree of specific performance in respect of, what is claimed to be, an agreement to sell, entered into With the defendant nos. 1 & 2, as contained in. the "Bayana Receipt" dated 7.12.2006.
(2.) The case of the. plaintiff is that he is a businessman settled in Rajasthan. He was interested in purchase of commercial property in Delhi to expand his business. He arrived in Delhi to look for suitable commercial property. Through one property dealer, Mr. S. P. Gupta, he came into contact with defendant No. 2. Defendant No. 1 is the wife of defendant No. 2 and is the agreement purchaser of commercial plots bearing No. A, B, C & D, Local Shopping Centre, Madangir, Delhi (the suit property). Defendant No. 1 is the de facto owner of the suit property and had the legal authority to deal with the same on the basis of the said documents.
(3.) The plaintiff contends that the defendants agreed to sell the suit property to the plaintiff for a total consideration of Rs. 6 crores 20 lacs. The defendant demanded part payment in advance and the amount of Rs. 20 lacs was immediately paid to them in cash. The remaining payment of Rs. 6 crores was agreed to be made by 15th February, 2007. It was further agreed that 10% of the agreed sale consideration would be paid by the plaintiff at the time of the execution of the detailed version of the agreement to sell, after adjusting the amount of Rs. 20 lacs paid on 7.12.2006. The date fixed for this purpose was 14.12.2006.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.