JUDGMENT

I.A.No.3118/2009

1. The plaintiff has filed this suit for specific performance of the Agreement to Sell dated 22nd October, 2005 in respect of land ad-measuring 8,000 sq.yrds. bearing khasra Nos.335 (5-10) and 336 (3-9) situated at Village Khanpur, Tehsil Mehrauli, New Delhi. Along with the suit, the plaintiff filed I.A.No.3118/2009 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure on which both the parties have addressed their arguments at length.

2. Plaintiff’s Case

2.1 Vide Agreement to Sell dated 22nd October, 2005, the plaintiff agreed to purchase the suit property from the defendant for a total consideration of `9,60,00,000/- out of which the plaintiff paid advance of `1,00,00,000/- at the time of signing of the agreement and the remaining sale consideration of `8,60,00,000/- was to be paid on or before 31st January, 2006 at the time of registration of the necessary documents.

2.2 Vide letter dated 19th January, 2006, the plaintiff enquired about the No Objection Certificate (NOC) from the defendant.

2.3 Vide letter dated 9th February, 2006, the plaintiff called upon the defendant to arrange for No Objection Certificate (NOC) for registratio