Kamlesh Sharma @ Kamlesh Kumari & Anr. vs Satya Devi & Ors. on 23 July, 2013
26. Since considerable reliance was placed by Mr. Sindhwani, learned
Senior counsel for the buyer, on the decision of the Division Bench of
this Court in V.N. Verma v. Veena Mahajan, the Court would like to
discuss the said decision in some detail. The facts in that case were that
the Respondent in the appeal, Smt. Veena Mahajan, ('VM'), had filed a
suit on 29th April 1988 seeking specific performance of an agreement
to sell dated 14th February 1986 alleging that she had paid the
Appellant, Smt. V.N. Verma ('VNV'), a sum of Rs. 40,000 and that
VNV was obliged to sell plot bearing No. 40, Chitra Vihar to her for a
total sale consideration of Rs. 1,50,000 and that balance sale
consideration had to be made when VNV was in a position to deliver
vacant possession of the plot to her (VM). Thereafter, on 21st January
1987, VM paid a further sum of Rs. 10,000 to VNV. Since the plot in
question had only been allotted to VNV, and a formal document
conveying title to VNV by the Delhi Development Authority ('DDA')
had not been executed, it was agreed that after the lease deed was
executed by DDA in favour of VNV, the necessary payment would be
made by VM to VNV. Thereafter, Rs. 15,000 and Rs. 5,000 were paid
by VM to VNV on 29th September 1987 and 20th November 1987
CS(OS) No. 2014 of 2011 Page 14 of 28
respectively. On 30th November 1987 a perpetual lease deed was
executed by the DDA in favour of VNV. However, despite notice,
VNV did not come forward to execute the sale deed transferring title to
VM and receive balance sale consideration. VM filed a suit for specific
performance. During the pendency of the suit the Applicants, Meena
Rani Gupta and Nalini Gupta, filed an application, CM No. 2058 of
1998, seeking impleadment stating that VNV entered into an
agreement with one Kamlesh Gupta on 21st January 1988. After
receiving the full consideration, he handed over the possession of the
suit property to Kamlesh Gupta. On 26th November 1990 Kamlesh
Gupta handed over possession of the property to the Applicants, Meena
Rani Gupta and Nalini Gupta, under an agreement to sell of the even
date. It is only on 7th December 1998 that the said Applicants came to
learn about the pendency of the suit filed by VM and filed the aforesaid
application seeking impleadment alleging that they were in the process
of constructing a boundary wall and caretaker room on the plot, when
at site the Applicants were served with a copy of the decree passed
against VNV.