RSA No.462 of 2021(O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.462 of 2021(O&M)

Date of Order:01.09.2021

M/s Dabriwala Steel and Engineering Company Limited

and another

…Appellants

Versus

M/s Saket Steels Limited

…Respondent

CORAM: HON’BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Anand Chibber, Senior Advocate, with

Mr. Vaibhav Sahni, Advocate,

for the appellants.

ANIL KSHETARPAL, J.

Through this Regular Second Appeal, the defendants

(appellants) assail the correctness of the judgment and decree passed on

23.03.2021, by the District Judge, Faridabad (The First Appellate Court)

while reversing the judgment and decree passed by the trial court.

This Bench has heard the learned counsel for the appellant at

length and with his able assistance perused the paper book as well as the

relevant part of the record of the courts below, copies whereof have been

produced by the learned counsel. On 25.08.2021, while reserving the

judgment, the learned senior counsel was permitted to file synopsis, who

has graciously submitted the elaborate written submissions to corroborate

the submissions made at the time of oral hearing.

FACTS

This appeal arises from a suit filed by the plaintiff (respondent

herein) for passing a decree of possession by way of specific performance of

NARESH KUMAR

2021.09.07 10:37

I attest to the accuracy and

integrity of this document

Chandigarh

RSA No.462 of 2021(O&M)

-2-

the agreement to sell entered into between the parties on 14.07.1987. The

execution of the agreement to sell on receipt of Rs.50,000/- out of the total

agreed sale consideration of Rs.8,50,000/- is not in dispute. An industrial

plot measuring 10000 Sq. Yards was agreed to be sold. The relevant

clauses of the agreement read as under:-

“WHEREAS the Vendor has assured the Vendee that the

property hereby agreed to be transferred / sold is free

from all encumbrances and is not in any manner

encumbered or under any lien etc. In case it is proved

otherwise the Vendor shall be liable for all the damages

to the losses etc. of the Vendee.

NOW THAT THE Vendor have agreed to

sell/transfer the allotment rights in respect of above said

industrial plot as mentioned above and the Vendee have

agreed to purchase the above said plot measuring an

area of 10,000 sq. yds. or thereabouts @ Rs.85/- per sq.

yd. (less Govt. dues, if any) and the total price comes to

Rs.8,50,000/- (Rupees eight lakhs fifty thousand only)

and the Vendee have paid a sum of Rs.50,000/- (Rupees

fifty thousand only) through Bank Draft No.964455

dated 14.7.87 on United Bank of India, Faridabad in

favour of M/s. Dabriwala Steel & Engineering Company

Limited as and by way of earnest money and the receipt

whereof the Vendor do hereby admit and acknowledge

and the balance consideration of Rs.8,00,000/-

(8,00,000/-) (Rupees eight lakhs only) within ninety days

from the date of issue of scheme letter from the Estate

Office, Faridabad and at the time of registration of sale

deed in Sub Registrar Office, Faridabad. A further sum

of Rs. 50,000/- shall be paid by the Vendee to the Vendor

on receipt of scheme letter issued by the Estate Office, on

account of earnest money.

THAT on receipt of Rs.50,000/- (Rupees fifty

thousand only) paid as earnest money by the Vendee to

the Vendor, the Vendor shall immediately apply for

permission to transfer the title rights of the plot to the

Vendee herein. The Vendee agrees to obtain the

clearance of their scheme for land use from the Director

of Industries, Haryana, Chandigarh as required for by

the Estate Officer, Faridabad within ninety days from the

date of issue of letter by the Estate Officer, Faridabad

asking them to get the industrial project approved from

the Director of Industries, Haryana, Chandigarh. This

approval of industrial scheme is pre-