Judgment in Deewan Arora v. Tara Devi Sen & Ors. – A critical study
*Published in Chareted Secretary, Vol. XL, No. 7, July 2010, pp. 947-955 1. BRIEF FACTS OF THE CASE The brief facts of the case titled Deewan Arora v. Tara Devi Sen & Ors. , as per the suit averments, are as under: On 14-02-2008, Tara Devi -the defendant no. 1 executed an agreement to sell her freehold property in favour of Deewan Arora -the plaintiff for a consideration of Rs. 23,50,000/-. A sum of Rs. 8,00,000/- was paid to the defendant in cash on 14-02-08 by the plaintiff and it was agreed that the defendant would hand over the vacant physical possession of the suit property to the plaintiff by 10-04-2008, which condition was complied with. Balance consideration of Rs. 15,50,000/- was to be paid on or before 10-05-08. Accordingly a sum of Rs. 9,30,000/- was again paid in cash on 02-05-08. When on 03-05-08 the plaintiff again visited the defendant no. 1 and her husband -the defendant no. 2 to pay the balance of the consideration amount, they were not there and could not be t...