05 April 2024 Civil Suits >> Civil & Consumer Law   |   Sale Deed >> Personal Law   |   Property/Real Estate Law >> Property & Real Estate  

In a recent legal development in Dhruva Goel Versus M/s. Chetanya Buildcon Pvt Ltd & Others, the Delhi High Court has issued a decree in a suit for specific performance concerning a property located at D-26 (now known as I-8), Maharani Bagh, New Delhi. The suit, initiated by the plaintiff, aimed to enforce an agreement to sell the first floor of the property, dated January 1, 2016.

The parties involved in the case include Defendant Nos. 6 & 7, who are the owners of the property, and Defendant No. 1, a company engaged in real estate activities, along with its directors, Defendants 2 to 5.

According to the plaintiff's case, a total sale consideration of Rs. 7.5 crores was agreed upon, out of which Rs. 6.5 crores had already been paid initially, with an additional Rs. 1 crore paid in 2021. Despite the payments made and possession of the first floor being handed over to the plaintiff, the sale deed, essential for formalizing the property transfer, had not been executed.

In the course of the legal proceedings, the Delhi High Court directed summons and notices to all defendants. Defendant Nos. 1 to 5 were specifically instructed to execute the sale deed as per the terms agreed upon. Defendant Nos. 6 & 7, being the property owners, were directed to issue a fresh power of attorney to facilitate the sale deed process.

During the court hearing, it was noted that Defendant Mr. Vinod Saluja, representing Defendant Nos. 2 & 3, expressed willingness to execute the sale deed in favor of the plaintiff. Furthermore, arrangements were made to address tax-related matters concerning the consideration paid by the plaintiff, ensuring compliance with legal requirements.

Subsequently, the court decreed the suit in favor of the plaintiff, specifying that Defendant Nos. 1 to 5 must execute the sale deed within the stipulated time frame. Additionally, Defendant Nos. 6 & 7 were directed to issue the necessary power of attorney promptly.

As part of the resolution, the plaintiff agreed to waive other reliefs sought in the suit, including any claims for interest. The court also ordered the refund of the full court fee deposited by the plaintiff in the course of the legal proceedings.

This significant legal outcome underscores the judiciary's role in upholding contractual obligations and ensuring equitable relief for parties involved in property transactions. The decree highlights the importance of adhering to contractual commitments and legal procedures in real estate dealings, thereby providing clarity and resolution in contentious matters such as property transfers.