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2019 Supreme(SC) 252

L.NAGESWARA RAO, MOHAN M.SHANTANAGOUDAR
Urvashi Aggarwal (Since Deceased) Through Lrs. – Appellant
Versus
Kushagr Ansal (Successor In Interest Of Erstwhile Defendant No. 1 Mrs. Suraj Kumari) – Respondent


Advocates Appeared:
For the Appellant :Mr. Yashraj Singh Deora, Advocate,
For the Respondent:Mr. Vikas Tiwari, Advocate, Mr. Sunil Prakash Sharma, Advocate and Mr. Yashraj Singh Deora, Advocate.

JUDGMENT

L. Nageswara Rao, J.

Leave granted.

1. The correctness of the judgment of the High Court, affirming the judgment of the Trial Court, by which the suit for specific performance filed by the Appellant and his mother Smt. Urvashi Aggarwal (since deceased) was dismissed, is the issue in the above appeal. The parties are being referred to as they are arrayed in the suit.

2. The plaint averments are that Justice Chander Bhan Aggarwal, father-in-law of the First Plaintiff (Smt. Urvashi Aggarwal) took the first and second floors of the property at 82, Jor Bagh, New Delhi on rent from Smt. Suraj Kumari (since deceased). After the death of Justice Chander Bhan Aggarwal in 1973, the tenancy of first and second floors of the property was transferred to M/s Vinod Industries Limited (of which the First Plaintiff was a Director). On 05.10.1974, the First Plaintiff and her son Rajiv Chander Aggarwal (since deceased) entered into an agreement with Smt. Suraj Kumari (original Defendant No. 1) for the sale of the above property ('Agreement'). The consideration for the sale of the property was fixed at Rs. 1,85,000/-. The relevant conditions pertaining to the payment of the amount of consideratio


























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