ARIJIT PASAYAT, TARUN CHATTERJEE
Shri Vishwa Nath Sharma – Appellant
Versus
Shyam Shanker Goela – Respondent
JUDGMENT
Dr. ARIJIT PASAYAT, J.—
1.Challenge in this appeal is to the judgment rendered by a Division Bench of the Delhi High Court dismissing the First Appeal filed by the appellants who were defendants in the suit filed by the respondents. The regular first appeal under Section 96 of the Code of Civil Procedure, 1908 (in short ‘the Code’) was directed against the judgment and decree passed by the Additional District Judge, Delhi, in Civil Suit no. 129/80. The trial court had decreed the suit of the plaintiff for specific performance of the agreement to sale directing the defendant-appellant to execute necessary sale-deed within a particular period. Defendants were asked to take necessary steps for completing necessary formalities towards execution of the sale-deed.
2.Background facts in a nutshell are as follows:
On 12.12.1979 plaintiff filed the suit claiming decree for specific performance of agreement to sell dated 24th March, inter alia, alleging that Delhi Development Authority had granted a lease of a big plot of land in favour of New Friends Cooperative House Building Society and the Society had granted sub lease in favour of its members. Durga Nath Sharma, defendant No.1 bein
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