SOBHAG NARAIN MATHUR Vs. PRAGYA AGRAWAL
HIGH COURT OF DELHI
SOBHAG NARAIN MATHUR
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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.;
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