Prathiba M. Singh, J. - (1.) The Plaintiff/Appellant- Mr. Naveen Gupta (hereinafter, "Plaintiff") is a professional serving in the Merchant Navy. He entered into an Agreement to Sell with the Defendants/Respondents - Mr. Bharat Lal Meena and Mr. Hans Raj Meena (hereinafter " Defendants") in respect of property bearing No.419, 7th Floor, Block-B, Type S, Category III, Sector-18B, Dwarka, New Delhi-75 (hereinafter, "the flat"). The flat was allotted by the DDA on 7th October, 2008 to the Defendants. The consideration agreed to in the Agreement to Sell dated 20th July, 2007 was as under: i) Rs.2 lakhs over and above the demand raised by the DDA of Rs.31,82,310/-; ii) Stamp duty charge of Rs.2,57,545/-; iii) Rs.5 lakhs in cash.
(2.) The Plaintiff paid the DDA by way of a pay order No.349888 dated 18th July, 2007, the entire consideration of Rs.31,82,310/- as also the sum of Rs.2 lakhs to the Defendants. The Plaintiff also got prepared a cheque for Rs.2,57,545/- in favour of the Collector of Stamps. Thus, the Defendants were to be paid a total of Rs.5 lakhs over and above the amount payable to the DDA, and stamp duty out of which Rs.4 lakhs stood paid. A balance consideration of only Rs.1 lakh was remaining. The allotment letter issued by the DDA and other documents in original were handed over to the Plaintiff at the time when the agreement to sell was executed by the Defendants. The Plaintiff approached the Defendants several times for execution of the final sale deed etc., after the conveyance deed was executed by the DDA, but the Defendants did not response. Accordingly, it is averred that the Plaintiff personally visited Rajasthan in January, 2008 in order to meet with the Defendants, but they continued to avoid the Plaintiff. This led to issuance of legal notice dated 10th March, 2008 calling upon the Defendants to comply with the agreement to sell and complete the necessary formalities as also handing over of possession.
(3.) Since no response was elicited from the Defendants, a suit for specific performance, possession and permanent injunction came to be filed seeking the following reliefs: It is therefore most respectfully prayed that this Hon'ble Court may be pleased to : (A) Pass a Decree of Specific Performance of Contract, directing the Defendants to complete all the necessary formalities with DDA and take the possession of the flat No. 419, 7th floor, Block -B, Type -S, Category-3, Sector 18-B, Dwarka, New Delhi-75 from DDA and thereafter to execute the title documents In favour of the Plaintiff and handover the possession of the said flat to the Plaintiff . In case the Defendants do not perform their part of the contract then in that eventuality the entire formalities with DDA be got done by some official appointed by this Hon'ble Court an thereafter the flat be transferred in the name of the Plaintiff by means of Sale-Deed and possession of the flat in question be handed over to the Plaintiff by the said court official. Alternatively, in case the Specific Performance of the Agreement to Sell dated 20.07.2007 is not possible in any manner whatsoever , then the Defendants be directed to pay the double the amount of the sale- consideration along with interest @ 18% p.a. back to the Plaintiff. (B) Pass a decree of Permanent Injunction in favour of the Plaintiff and against the Defendants thereby restraining the Defendants , their associates , nominees and legal representatives etc. from alienating , transferring or parting with possession or creating third party interest in the property (flat) in question.";