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2017 Supreme(Del) 3693
IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, J.
Shri Jasbir Singh - Plaintiff
Versus
Royale Ambience Construction Pvt. Ltd. - Defendant
CS(OS) 11 of 2016
Decided On : 11-09-2017
For the Plaintiff :Mr. Rajender Aggarwal, Advocate
The court's decision was influenced by the principles of specific performance under the Specific Relief Act, 1963, and the exercise of discretionary power under Section 20 of the Act.
Headnote:
specific performance - agricultural land - Specific Relief Act, 1963, Section 20
Fact of the Case:
Plaintiff seeks specific performance for half share in agricultural land. Defendant failed to obtain NOC and demarcation. Plaintiff entitled to refund of part sale consideration with interest.
Finding of the Court:
The court decreed the suit in favor of the plaintiff, directing the defendant to refund the amount of Rs. 1,00,00,000/- to the plaintiff along with interest @ 9% p.a. from the date of receipt-cum-agreement.
Issues: Entitlement to specific performance or refund of part sale consideration.
Ratio Decidendi: The court held that specific performance will not be ordered if the contract suffers from a defect making it invalid or unenforceable. The court exercised discretionary power under Section 20 of the Specific Relief Act, meticulously considering all facts and circumstances of the case.
Final Decision: The suit was decreed in favor of the plaintiff, directing the defendant to refund the amount of Rs. 1,00,00,000/- to the plaintiff along with interest and costs.
MUKTA GUPTA, J.
1. In the present suit, plaintiff prays for the following reliefs:
“(a) This Hon’ble Court may be pleased to pass a decree of specific performance in favour of the plaintiff and against the defendant thereby directing the defendant to get their half share in the agricultural land measuring 60 bighas and 17 biswas in khasra No. 22//14 (4-16), 15 (5-17), 16 (4-12), 17 (4-16), 24 (4-16), 25(4-16), 26(0-4), 22//11/1 (0-18), 20(3-10), 21(4-16), 3//8(4-16), 9/2(3-0), 12(4-12), 3(4-16) in village Ghuman Hera, Tehsil Najafgarh, South West Delhi, New Delhi-110043 demarcated and obtain NOC from Tehsildar and thereafter to execute a sale deed in respect of their half share in the agricultural land measuring 60 Bighas and 17 biswas in khasra No. 22//14 (4-16), 15 (5-17), 16 (4-12), 17 (4-16), 24 (4-16), 25(4-16), 26(0-4), 22/11/1 (0-18), 20(3-10), 21(4-16), 3//8(4-16), 9/2(3-0), 12(4-12), 3(4-16) in village Ghuman Hera, Tehsil Najafgarh, South West Delhi, New Delhi-110043 in favour of the plaintiff against receipt of balance amount of Rs. 4,48,23,700/- and deliver peaceful physical vacant possession of the same to the plaintiff. The plaintiff will bear the registration charges and stamp duty for the same.
(b) A decree of permanent injunction be passed in favour of the plaintiff and against the defendant thereby restraining the defendant, their agents, employees etc. from in any manner selling, transferring or disposing of their half share or any part thereof in the agricultural land measuring 60 bighas and 17 biswas in Khasra No. 22/14 (4-16), 15 (5-17), 16 (4-12), 17 (4-16), 24 (4-16), 25(4-16), 26(0-4), 22//11/1 (0-18), 20(3-10), 21(4-16), 3//8(4-16), 9/2(3-0), 12(4-12), 3(4-16) in village Ghuman Hera, Tehsil Najafgarh, South West Delhi, New Delhi-110043 in favour of anyone except the plaintiff in terms of the agreement dated 22.7.2011.
(c) Cost of the suit be allowed to the plaintiff.
(d) Any other order which this Hon’ble court deems fit may also be granted in favour of the plaintiff and against the defendant.”
2. Summons in the suit were issued to the defendant vide order dated 6th January, 2016. Since the defendant could not be served, it was directed to be served by way of publication in English Daily newspaper “Statesman” vide order dated 4th April, 2016. Defendant did not enter appearance, hence was proceeded ex-parte vide order dated 24th April, 2017.
3. It is the case of the plaintiff that the defendant is the owner and is in possession of half share in agricultural land measuring 60 bighas and 17 Biswas in Khasra No. 22//14 (4-16), 15 (5-17), 16 (4-12), 17 (4-16), 24 (4-16), 25(4-16), 26(0-4), 22//11/1 (0-18), 20(3-10), 21(4-16), 3//8(4-16), 9/2(3-0), 12(4-12), 3(4-16) in village Ghuman Hera, Tehsil Najafgarh, Sought West Delhi, New Delhi-110043. The defendant approached the plaintiff and made an offer to sell its entire half share in the aforesaid agricultural land at Rs. 86.50 lakh per acre to which the plaintiff agreed and accordingly the plaintiff paid a sum of Rs. 1 crore and a receipt was issued on 22nd July, 2011 in acknowledgement of the aforesaid. The amount of Rs. 1 crore was paid as Rs. 50,00,000/- (Rupees Fifty lakhs only) in cash and the balance Rs. 50,00,000/- (Rupees Fifty lakhs only) through cheque no. 036249 dated 22nd July, 2011 drawn on Indian Overseas Bank, Rajouri Garden Branch, New Delhi. The receipt dated 22nd July, 2011 noted that the defendant has agreed to sell his half share in the agricultural land and it was agreed that the balance would be paid on or before 22nd September, 2011.
4. Despite the fact that the plaintiff was ready and willing to pay the balance amount on the agreed date, defendant was not able to get a no objection from the tehsildar. Accordingly a letter dated 20th September, 2011 was written by the defendant to the plaintiff expressing his difficulty in getting no objection from the tehsildar and getting the share demarcated. Vide letters dated 15th November, 2012
