Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 8
CS DJ 36/24
SURINDER KUMAR Vs. SUDHIR NAYYAR
27.07.2024
Present: None.
The plaintiff has filed the present suit for recovery of Rs.
15 lacs along with interest with the averments that he entered into an
agreement to sell on 16.08.2023 with the defendant no. 1 qua the
purchase of plot bearing no. 140, land area measuring 60 sq. mts in
Block & Pocket C-1, Sector 27, Rohini, Delhi for a total sale
consideration of Rs. 74 lacs and advance amount of Rs. 7,50,000/- was
paid in cash against the receipt. It is averred that defendant has failed
to execute and register the sale deed of the plot till 12.12.2023 and
plaintiff has claimed that as the defendants refused to honor the said
agreement to sell so he is entitled to recover a sum of Rs. 15 lacs i.e.
double of bayana amount.
As by way of present suit seeking recovery of double of
bayana amount, the plaintiff is claiming said amount according to one
of the terms of agreement, thus, relief claimed is the specific
performance of the agreement entered between the parties. The law
requires valuation of the suit for specific performance at the total sale
consideration amount.
Vide order dated 22.01.2024, time was granted as sought
by Ld. Counsel for plaintiff to rectify the valuation of the suit. Since
then, no steps have been taken. Last opportunity is granted to the
plaintiff to give the valuation of the suit according to law, for
28.09.2024.
(SUNIL CHAUDHARY)
DJ-04/North-West
RHC/Delhi 27.07.2024
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