RAVI ARORA vs J.S. MALIK

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 30/04/2026 + CS(OS) 497/2004, I.A. 2994/2004, I.A. 6121/2004 & I.A. 9911/2005 RAVI ARORA .....Plaintiff versus J.S. MALIK .....Defendant Advocates who appeared in this case For the Plaintiff : Mr. H.L. Tiku, Senior Advocate with Mrs. Bharti Kochhar, Ms. Yashmeet Kaur, Mr. Rahul Regmi and Mr. Munish Kochhar, Advocates. For the Defendant : Ms. Prerana and Ms. Aditi Singh, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION: 1. The present Suit has been instituted by the Plaintiff seeking a decree of specific performance against the Defendant in respect of the Agreement to Sell dated 27.01.2003 (“ATS”), inter alia, directing the Defendant to perform his obligations / the obligations of Mrs. Joginder Malik (“Mrs. Malik”) under the ATS, including to execute the Sale Deed in favour of the Plaintiff in respect of the built-up residential property No. C-4/49, Safdarjung Signature Not Verified CS(OS) 497/2004 Page 1 of 49 Signed By:NEELAM SHARMA Signing Date:30.04.2026 18:22:32 Development Area, New Delhi, measuring 445 square yards (“Suit Property”) coupled with handing over of vacant peaceful possession and original title deeds against receipt of the balance sale consideration. 2. Vide order dated 09.08.2005, this Court framed the following Issues: i. Whether the Plaintiff was willing and ready to perform his obligations under the contract between the Parties in relation to the Suit Property? OPP ii. Whether the Plaintiff committed any breach of the terms of the agreement? If so, to what effect? OPD iii. Whether the Defendant was justified in rescinding the contract as pleaded in the Written Statement? OPD iv. Whether the Defendant is entitled to forfeit the sum of Rs. 40 Lacs