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2001 Supreme(Del) 1208

DEVENDER GUPTA, MUKUL MUDGAL
DURGA NATH SHARMA – Appellant
Versus
SHYAM SHANKER GOELA – Respondent


Advocates Appeared:
Asha Saxena, ISHVAR SAHAR, JAGJIT SINGH CHAWLA, L.R.GUPTA, M.S.Dhir

DEVINDER GUPTA

( 1 ) DEFENDANTS have filed this Regular First Appeal under Section 96 of the Code of Civil Procedure against the judgment and decree passed by Shri R. K. Sain, Additional District Judge, Delhi in Civil Suit No. 129/80 decreeing the suit of plaintiff/respondent and thereby granting a decree for specific performance of agreement to sell directing defendant/appellant to execute necessary sale deed within a period of two months during which period the defendants were asked to take necessary steps for completing necessary formalities towards execution of sale deed.

( 2 ) FACTS in brief are that on 12/12/1979 plaintiff filed the suit claiming decree for specific performance of agreement to sell dated 24/3/1978, inter alia, alleging that Delhi Development Authority had granted a lease of a big plot of land in favour of New Friends Co-operative House Building Society and the Society had granted sub lease in favour of its members. Durga Nath Sharma, defendant No. 1 being one of the members of the Society was granted a sub lease with respect to plot No. 334 measuring 524 sq. yards under sub lease dated 2/7/1974. The said defendant with a view to sell the said plot entered into



























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