Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. SIDHARTH MATHUR
DISTRICT JUDGE (NORTH-01): ROHINI COURTS: DELHI
CS DJ 309/23
GAURAV ANAND
S/O LATE SH. ASHOK ANAND
R/O H.O 272, KALYAN VIHAR,
DR MUKHERJEE NAGAR DELHI-110009
…. Plaintiff
Versus
1. PRAYAG RAJ
S/O SH. THANDI RAM
R/O F-5/119 SWAMI SHARDHANAND PARK,
NEAR BHALSWA DAIRY, DELHI-110042
ALSO AT: PROPERTY NO. 123,
OUT OF KHASRA NO. 53,
SITUATED IN THE AREA OF
VILLAGE BHALSWA JAHANGIRPURI, DELHI,
NOW ABADI KNOWN AS
SWAMI SHARDHANANAD COLONY,
BLOCK-A BHALSWA DAIRY,
NEAR SANI BAZAR ROAD, DELHI-110042
2. AMIT KUMAR
S/O SH PRAYAG RAJ
R/O F-5/119 SWAMI SHARDHANAND PARK,
NEAR BHALSWA DAIRY, DELHI-110042
ALSO AT: PROPERTY NO. 123,
OUT OF KHASRA NO. 53,
SITUATED IN THE AREA OF
VILLAGE BHALSWA JAHANGIRPURI, DELHI,
NOW ABADI KNOWN AS
SWAMI SHARDHANANAD COLONY,
BLOCK-A BHALSWA DAIRY,
NEAR SANI BAZAR ROAD, DELHI-110042
….Defendants
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_CS DJ No. 309/23 Gaurav Anand Vs. Prayag Raj Page 1 of 5
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Date of Institution : 02.05.2023
Date of arguments : 27.04.2026
Date of order
: 27.04.2026
Date of corrigendum : 29.04.2026
SUIT FOR SPECIFIC PERFORMACE OF AGREEMENT TO
SELL DATED 25.08.2022, MANDATORY AND PERMA-
NENT INJUNCTION.
JUDGMENT
1. The defendants agreed to sell the suit property bearing no.
123, Bottom to top with gaurav roof rights measuring 200
sq yards out of Khasra no. 53, Village Bhalswa, Jahangir-
puri, Delhi, known as Swami Shardanand Colony, Block
A, Bhalswa Dairy, Near Saini Bazar Road, Delhi 110042
(in short, suit property). The plaintiff agreed to buy it for
Rs 25 lakh. The entire sale consideration was paid to the
defendants via banking channels, as per bank statement
PW1/A. The parties executed customary documents
amongst themselves on 25.08.2022 including GPA PW1/B,
agreement to sale PW1/C, affidavit PW1/D, receipt PW1/E
and will PW1/F. Despite executing the aforesaid docu-
ments and receipt of the sale consideration, the defendants
fail to execute the required sale deed in terms of agreement
to sale PW1/C. Despite repeated request of the plaintiff, the
defendants failed to do the needful. So the legal notice
10.04.2023 PW1/H was issued seeking compliance, but to
no avail. Hence the present suit for specific performance of
the agreement in question; mandatory injunction for direct-
ing the defendants to hand over the previous title docu-
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_CS DJ No. 309/23 Gaurav Anand Vs. Prayag Raj Page 2 of 5
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ments of the suit property; permanent injunction for re-
straining the defendants from creating any third party inter-
est in the suit property and mesne profits @ Rs 80,000/-.
2. The defendants appeared. Their defence was struck of on
13.12.2023. The application to recall this order was also
dismissed on 15.05.2024. It was not challenged any further
and thus attained finality. The defendants thereafter
stopped appearing and were proceeded ex-parte on
11.02.2026. They remained so thereafter.
3. The plaintiff examined himself as PW1 via affidavit
PW1/1. He simply reiterated his plaint. He was not cross
examined as the defendants remained exparte.
After the aforesaid examination of PW1, the counsel
for the plaintiff speaking for the plaintiff dropped the relief
of recovery of mesne profits. Hence the suit remained for
specific performance, mandatory injunction and permanent
injunction.
4. The unrebutted testimony of the plaintiff proves the agree-
ment to sale PW1/C; its due execution; payment of the sale
consideration and the non performance of the agreement to
sell executed by the defendants. The suit has been filed
within limitation whereby I am inclined to grant specific
performance. Being entitled to specific performance, the
plaintiff is also entitled to receive the previous chain of title
documents from the defendants, whereby the plaintiff must
be granted mandatory injunction in that regard. The plain-
tiff being the legitimate buyer of the suit property is also
entitled for permanent injunction against creation of third
party interest by the defendants in the suit property.
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5. For the reasons assigned herein above, the suit of the
plaintiff is decreed in the following manner;
A) A decree of specific performance with regard to the
suit property bearing no. 123, Bottom to top with roof
rights measuring 200 sq yards out of Khasra no. 53, Village
Bhalswa, Jahangirpuri, Delhi, known as Swami
Shardanand Colony, Block A, Bhalswa Dairy, Near Saini
Bazar Road, Delhi 110042 is passed in favour of the plain-
tiff whereby the defendants are directed to execute the sale
deed in respect thereof within one month from today;
B) A decree of mandatory injunction is also passed
against the defendants thereby directing them to hand over
the previous title documents of the suit property bearing
no. 123, Bottom to top with roof rights measuring 200 sq
yards out of Khasra no. 53, Village Bhalswa, Jahangirpuri,
Delhi, known as Swami Shardanand Colony, Block A,
Bhalswa Dairy, Near Saini Bazar Road, Delhi 110042 to
the plaintiff within one month from today;
C) A decree of permanent injunction is also passed
against the defendants thereby restraining them from sell-
ing, alienating, transferring or creating any third party in-
terest in the suit property bearing no. 123, Bottom to top
with roof rights measuring 200 sq yards out of Khasra no.
53, Village Bhalswa, Jahangirpuri, Delhi, known as Swami
Shardanand Colony, Block A, Bhalswa Dairy, Near Saini
Bazar Road, Delhi 110042 till the sale deed is executed in
favour of the plaintiff.
The parties are left to bear there own costs.
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Decree sheet is accordingly be prepared.
File be consigned to record room after due compli-
ance.
Announced in the Open Court
on 27th day of April 2026
Corrigendum judgment announced
in the Open Court on 29th day of April 2026
(Sidharth Mathur)
District Judge-01/North
Rohini Courts/Delhi
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