SANJEEV NARULA, J.

1. The present suit is for recovery of Rs. 1,49,06,814/- along with interest at the rate of 14.25% p.a. from 29th September 2013 till the date of actual payment. The matter is at the stage of framing of issues.

Brief Facts

2. The Plaintiff and the Defendants entered into an agreement to sell dated 16th April 2013, in respect of agricultural land admeasuring 17 Bigha 11 biswa (out of total 27 Bigha 6 Biswa) consisting in Khasra no. 86/91, Khasra no. 574/1 (3-12), 585/1 (3-15), 592/1 (5-3), 593 (4-16), Khata Khatoni No. 87/92, Khasra no. 572 (0-5), situated in the revenue estate Jaffarpur Kalan, New Delhi. (hereinafter referred to as the “suit property”).

3. Under the aforesaid agreement, the suit property was agreed to be sold at Rs. 3.50 Crores per acre. At the time of execution of agreement to sell, Plaintiff paid a sum of Rs.1,49,06,814/- to the Defendant. The essential terms of the agreement are as under:-

“1. That the first party/ies assure the second party/ies that the property under sale is free from all sorts of encumbrances such as sale, lien gift, mortgage, dispute, decree, acquisition litigation, notification and family dispute etc.. and that there is no defect in the title of the first party and if found otherwise, the first party shall indemnify all the losses thus sustained by the second party/ies.

2. That all the previous dues, demands, arrears like electricity, water bills, MCD Tax etc. etc. (if any) on the above said property shall be paid and borne by the first party till the date by which actual possession is delivered to the second party/ies..

3. That in case any of the party/ies violates the terms and conditions of these presents, then the disputes shall be settled in the Hon’ble Court of Law at the cost and expenses of the defaulter party by filling of suit for specific-performance of this agreement.

4. That all disputes are subject to settlement within Delhi Jurisdiction.

5. That the First Party/ies will handover the vacant physical possession on the spot at the timing of signing the Sale Deed and relevant papers in respect of said Property.

6. That the First party/ies will hand-over all the original previous Sale Deed or other relevant document/paper to the second party at the time of registration of Sale Deed.

7. That the first party/ies assure that the sale is clear of section 33, 81 DLR ACT.

8. That If the first party/ies fails to execute the Sale Papers/Sale Deed in favour of the Second Party then the Second Party can get executed Sale Deed or relevant papers in his favour or in favour of his/her nominee through Court-of-Law, Likewise if the Second Party fails to pay the Balance amount to the First party within the above mentioned stipulated period then his/her/their earnest money/biana shall be forfeited as default.

9. That the First party/ies shall obtain the NOC at the cost of Second Party/ies its and shall inform the second party within 07 days from the receipt of NOC by regd. Post. If the first party fail to obtain the NOC within stipulated period, then the time necessary permission/NOC is/ are obtained by the first party and intimated to the Second Party/ies.

10. That the First party/ies has/have not entered to any sort of Sale-Purchase Agreement with any third party etc previously in respect of above described said Property/Land.

11. That First party/ies assure the Second Party/ies and declare that he/first party/ies will present herself/himself in the S.R. Office or wherever required at the time of execution of Sale Dosed/Regd. GPA/SPA etc. in favour of the Second Party/ies.

12. That remaining land of Seller/s (First party/ies) is to be mutated on the names of Family member/s of Seller/s (First Party/ies) of Village JAFFARPUR KALAN and Village SURHERA also to avoid any Violation of DLR Act./Rules & regulation of Govt., at cost/expenses of Second Party/ies (Purchaser/s)”

(Underlining Added)

4. The date of execution of the sale deed as per the agreement was fixed as 07th July 2013.