9911796707
TMI Blog2002 (3) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... lling, transferring, disposing of and/or parting with possession and/or creating any encumbrance and/or charge in any manner in respect of the suit land. 2. The facts germane for deciding the controversy in short are as under : The respondents and/or their predecessors-in-title were employees of Birla Cotton Spg. Wvg. Mills Ltd., Delhi and had purchased from the said company, 19 plots of land measuring 3 acres. At that point of time, the Master Plan showed it as an institutional area and no residential construction was permitted as per the Delhi Development Act and the Master Plan. While acquisition proceedings were pending, agreement of sell in question was executed. Till then, Master Plan did not permit use of the suit land for res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r houses in this area. Though some of them had purchased more than 330 sq. yds, uniformly everyone should have 330 sq. yds. It is appropriate for the appellant-Union of India to change user of land in the Master and Zonal Plans to the above extent and direct the Lt. Governor to carve out the above land as part of the residential purposes which is adjacent to already existing residential apartment. The appropriate Government would suitably consider withdrawal from acquisition to the above extent only and allow use for residential purposes . It was specifically mentioned that the direction for release of the land should not be treated as a precedence in any case. It would be confined to the special facts of this case. 5. Pursuant to this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts in favour of the second party whereas all other permissions, clearances which were necessary for execution and registration of the sale deeds were to be arranged by the vendees, i.e., the petitioners. 7. Apart from this, Mr. Bhandare has also contended with vehemence that after the expiry of time to execute and register the sale deed within three months from 1-10-1995, the respondents are relieved from their obligations to execute and register the sale deed as per the supplementary agreement dated 1-10-1995 whereby period of 6 months was extended by another period of three months for executing and registering the sale deed. The extended period expired on 31-12-1995. 8. Vide letter dated 7-3-1996 respondents informed the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 10 reads as under : "10. That if the vendors infringe the terms/conditions of this agreement to sell and fails to act as per the terms/conditions detailed hereinbefore then the vendee shall be free, entitled empowered, authorised to get execution of proper sale deeds of said plots along with the right to use the common areas of internal road and parks etc. either in its own name or in the name of its nominee/s, through the Court of law at the costs, expenses of the vendee under specific Act on the basis of this agreement to sell and purchase, after depositing the entire balance sale consideration in the Court in the name of the vendors herein." 11. Admittedly the petitioners till date have paid Rs. 60 lakhs and furnished a bank gua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Lower Courts ought to have considered whether the defendant himself was willing and ready to perform his part of the contract by executing the sale deed in favour of the plaintiff in discharge of the obligation undertaken under the agreement of sale executed in 1967 in favour of the plaintiff. The plaintiff had sent a notice through his Advocate on 11th August, 1967." 13. While taking refuge under the aforesaid observations of the Supreme Court that the element of readiness of the respondents is one of the governing criteria, Mr. Kaul has contended that the petitioners have already deposited either by way of cash or bank guarantee 33 per cent of the sale consideration and within 45 days of the respondents agreeing to sell the property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. For the purpose of section 9, a party is entitled to interim protection if he succeeds in not only making a prima facie case but also balance of convenience in his favour and element of irreparable loss and injury in case injunction is declined. So far as agreement to sell is concerned, the predominant requirement is the readiness of the vendee though the factum of readiness of the vendor is also to be taken into consideration and the stage of readiness of the vendor reaches after vendee established his readiness and willingness. The judgment relied upon by the learned counsel for the petitioner reflects that on the appointed date when the parties were to appear before the sub-registrar, the vendee was not present and, therefore, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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