(May 10, 2002) 2002 (TLS)127508

2002-AD (Del)-7-164 :: 2002-ILRDLH-10-287

N. K. WIDHANI Vs. AJIT PERSHAD JAIN

Devinder Gupta

( 1 ) THIS appeal has been preferred by the defendants against the judgment and decree passed by learned Single Judge on 26. 5. 1989 in Suit no. 389/77 thereby granting a decree for specific performance of agreement to sell in favour of the plaintiff/respondent against the defendants/appellants in terms of agreement dated 19. 12. 1976 (Ex. PW. 2/1 ). Two months time was allowed to the plaintiff to deposit balance amount of Rs. 2,50,000/-, Thereafter, the defendants were to file necessary applications seeking permission/no objection from the concerned rs. 10,000/- in cash as advance. Defendants agreed to deliver vacant and peaceful possession of the property soon after the sum of Rs. 1,65,000/- is paid by the plaintiff to defendant No. 6 on behalf of defendants 1 to 5. Plaintiff was to pay another sum of Rs. 35,000/- within 15 days of the date of receipt of intimation of the permission to sell the property by Land and Development Office and balance of Rs. 55,000/- was to be paid by the plaintiff at the time of execution and registration of sale de