Fri. Sep 18th, 2020

Kailash Chand vs Ganesh on 29 September, 2015

2 min read

1. Ganesh field a suit being CS(OS) No.1445/2005 against the appellant/
defendant seeking specific performance of the agreement to sell dated June
18, 2004 for sale of 1/3rd share of half Kila (2 bigha and 8 biswas) out of
khasra No.28/11 situated in the Revenue Estate of Village Kakrola near
Colony Bharat Vihar, New Delhi (in short the suit property) for a total
consideration of `20 lakhs with delivery of vacant possession; injunction
from conveying, alienating or transferring the suit property or in the
alternative compensation and damages. In the plaint Ganesh claimed that
out of a total sum of `20 lakhs earnest money of `2 lakhs was paid with
further payments of `4 lakhs in cash and `2 lakhs by way of cheques; thus
totalling to `8 lakhs. The bayana receipt was exhibited as Ex.P-1 and the
receipt of total consideration of `8 lakhs as Ex.P-2. To show his readiness
and willingness to perform the agreement, Ganesh also proved the pay

orders and the banker‟s cheques got prepared on September 14, 2004 for
payment of the balance consideration, however they were got cancelled on a
mutual agreement entered into between the parties on September 14, 2004
exhibited as Ex.P-6 wherein the final date of payment of balance
consideration and execution of the documents was agreed to be October 04,
2004. Ganesh pleaded that he sent a telegram on October 02, 2004 calling
upon Kailash Chand to complete the sale transaction by October 04, 2004.
However, despite no reply received Ganesh went to the office of Sub-
Registrar Janakpuri, New Delhi on October 04, 2004 inspected the records
and marked his attendance. The affidavit dated October 04, 2004 and the
receipt issued by the Sub-Registrar were exhibited as Ex.P-9 and P-8
respectively. On coming to know about the intended sale of the suit
property by Kailash Chand, Ganesh filed a suit with the prayers as noted

Source: Indian Kanoon

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