J U D G M E N T

MANMOHAN, J: (Oral)

I.A. 13047/2011 in CS(OS) 2007/2011 [U/o. 39 Rules 1 & 2 CPC]

1. Present suit has been filed for specific performance of contract/agreement and permanent injunction.

2. Learned counsel for the plaintiff states that parties executed an Agreement to Sell dated 21st February, 2011 by virtue of which defendant agreed to sell 114 sq. yrds. of plot bearing No. B-1458, Shashtri Nagar, Delhi admeasuring 200 sq. yrds. (approx.). He further states that Rs.5,00,000/- out of the total consideration of Rs. 2,20,00,000/- was admittedly paid by cash at the time of execution of Agreement to Sell.

3. The relevant para of the Agreement to Sell is reproduced hereinbelow:-

“The Bayana of which is Rs.5,00,000/- (Five Lakh Rupees only), the half of which comes to Rs.2,50,000/- (Two Lakhs Fifty Thousand Only) which I had received in cash. The Registry/Power of Attorney of the said property should be transferred by 30 June 2011 and if the house is not transferred in his name by purchaser in time then the amount of Bayana shall be forfeited and if the seller does not transfers the property in time then the purchaser shall have the right to get double the amount of bayana which