VISHWA NATH SHARMA Vs. SHYAM SHANKAR GOELA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Delhi High Court dismissing the First Appeal filed by the appellants who were defendants in the suit filed by the respondents. The regular first appeal u/s. 96 of the Code of Civil Procedure, 1908 (in short the Code ) was directed against the judgment and decree passed by the Additional District Judge, Delhi, in Civil Suit no. 129/80. The trial court had decreed the suit of the plaintiff for specific performance of the agreement to sale directing the defendant-appellant to execute necessary sale-deed within a particular period. Defendants were asked to take necessary steps for completing necessary formalities towards execution of the sale-deed.

(2.) Background facts in a nutshell are as follows:

(3.) Learned counsel for the appellants submitted that the trial Court and the High Court failed to appreciate that there was an impediment on the transfer. There could not have a valid agreement. In the background noticed by the Trial Court and the High Court if the transfer was prohibited by DDA, agreement could not have been enforced by a decree in a suit for specific performance.