JUDGEMENT
Gita Mittal, J. -
(1.)BY way of the present appeal, the appellants have challenged the order dated 25th April, 2013 whereby his Review Petition No. 193/2013 was dismissed. The appellants had thereby sought review of the judgment and decree dated 23rd January, 2013 decreeing CS(OS) No. 3260/2011. A preliminary objection has been pressed with regard to the maintainability of the present appeal on behalf of the respondent. It is submitted that RFA(OS) No. 34/2013 assailing the judgment & decree dated 23rd January, 2013, was unconditionally withdrawn, and, therefore, the present appeal challenging the review order is not maintainable.
(2.)A suit being CS (OS) No. 3260/2011 was filed by Shri Harvinder Singh (respondent herein) claiming under a registered sale deed dated 15th December, 2009 executed in his favour by M/s. AJS Builder Private Limited (appellant No. 1 in the present appeal arrayed as defendant No. 2 in the plaint). In this sale deed, M/s. AJS Builders Private Limited has claimed as follows: -
Whereas the Vendor is the absolute owner and in possession of entire First Floor portion upto ceiling level along with a constructed portion over and above First floor (shown in RED color in plan annexed herewith), and Staircase from ground onwards (shown in Red color in plan annexed herewith), except Barsati and Open Terrace (Shown in YELLOW colour in plan annexed herewith) with common entrance, parking and easements attached thereto, (Shown in GREEN colour in plan annexed herewith) bearing part of Property No. 3, Block No. 88 and known as Municipal No. 1 -B/P -55 -55A, along with proportionate undivided share/land rights in the land measuring 7685 Square feet i.e. 850 square yards approximately, situated in the abadi of Lady Harding Road, Gole Market, New Delhi -110001. It is now known as 8, Shaheed Bhagat Singh Marg, Gole Market, New Delhi -110001 (hereinafter called the said PROPERTY).
This property was transferred by M/s. AJS Builders Private Limited to Harvinder Singh for a sale consideration of Rs. 2,25,00,000/ - received by M/s. AJS Builders Private Limited. We may usefully extract clause 1 & 2 of the registered sale deed which reads thus: -
1. That in pursuance of the mutual settlement, the total sale consideration amount of Rs. 2,25,00,000.00 (Rupees Two Crore and Twenty Five Lakhs Only) which has been received by the Vendor from the Vendee, as per details given below: -
The receipt of which the Vendor hereby acknowledges and admits in the presence of the Sub -Registrar, New Delhi at the time of registration of this Sale Deed and the Vendor doth hereby sell, convey, & transfer all the rights, titles and interests of the said PROPERTY on to the VENDEE, who shall hereafter become the sole and absolute owner of the said PROPERTY with the proportionate rights of the Land underneath along with fixtures, furnitures and fittings and fittings of the said PROPERTY without any claim from the VENDOR or any other person in any manner whatsoever.
2. That the Vendor with its free -will and without any pressure hereby sells(s), convey(s), transfer(s) and assign(s) the above said portion in the name of the Vendee and the Vendee is free TO HAVE AND TO HOLD the said portion absolutely and forever with all its legal rights, title and interest.
The receipt of the above amounts as being the sale consideration was acknowledged in Clause 1 of the sale deed dated 15th December, 2009. It may be noted that the sale consideration has not been paid in one day but over a period of time.
(3.)SO far as possession is concerned, the appellant No. 1 had stated thus in the sale deed:
3. That the actual peaceful and physical possession of the said PROPERTY (Shown in RED and GREEN colour in the plan annexed herewith) has been handed over by the Vendor to the Vendee and the symbolic possession of portion A -2 (Shown in Red colour in the plan annexed herewith has been handed over by the VENDOR to the VENDEE.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.