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1999 Supreme(Del) 487

J.B.GOEL
RAGHUNATH RAI – Appellant
Versus
JAGESHWAR PRASHAD SHARMA – Respondent


Advocates Appeared:
A.S.CHANDHIOK, B.S.Rana, J.N.AGARWAL, NILAM RATHORE, RAMESH CHANDRA, S.K.PRUTHI

J. B. Goel, J.

( 1 ) THE plaintiffs who are husband and wife have filed this suit seeking decree of (1) specific performance of the agreement to sell dated 6. 6. 1977 executed by defendant No. I in their favour, (2) for possession (of ground floor part) and (3) for damages.

( 2 ) THE case of the plaintiffs is that the defendant No. 1 had executed an agreement to sell dated 6. 6. 1977 of properly No. 227 in Block E, Greater Kailash. New Delhi measuring 208sq. yards in their favour for a consideration of Rs. 2 lakhs (Rupees Two lakhs) and in accordance with the agreed terms a sum of Rs. 1 lakh (Rs. 21,000. 00 as earnest money and Rs. 79,000. 00 as advance part payment) was paid by them to him on 9. 6. 1977 at the time of execution and presentation for registration of the said agreement before the Sub Registrar, New Delhi when the defendant No. 1 had delivered vacant physical possession of the first and second floors of the said properly to them. The sale was to be completed by the defendant within 81 days after obtaining no Objection Certificate from the competent authority under the Urban Land (Ceiling and Regulation) Act (for short "ulcra") and from the Income Tax authorities. Th























































































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