A.K.SIKRI,J. - (1.) Leave granted.
(2.) The appellant entered into an agreement to sell dated 09.09.1994 with the respondent in respect of Second Floor with Terrace forming part of property No. A/11, N.D.S.E Part-I, New Delhi (hereinafter referred to as "the suit property") for a total sale consideration of Rs. 27 lakhs. The respondent paid Rs. 1 lakh to the appellant as earnest money and took the possession of the suit property. The balance sale consideration i.e. Rs. 26 lakhs was payable at the time of registration of sale deed which was to be executed within four months. The appellant after taking all necessary permissions requested the respondent to perform his part of the contract. However, the respondent did not turn to perform the contractual obligations. The appellant filed a suit for possession being CS(OS) No. 1143 of 1996 of the suit property and as also for mesne profits from the date of filing of the suit till delivery of the possession. The respondent filed written statement wherein he claimed that his possession was protected under Section 53A of the Transfer of Property Act, 1882. It was further alleged that the appellant was liable to execute sale deed after taking necessary permission from the concerned authorities but they failed to do so and violated the contractual obligations. It was also alleged that the respondent was not liable to pay any damages since he was occupying the suit property pursuant to the agreement to sell.
(3.) It is worth mentioning that after filing of suit by the appellant in the year 1996, the respondent herein also filed a suit for specific performance being CS (OS No. 1874/1997 against the appellant. The said suit was dismissed vide order dated 23.03.2005.;