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1999 Supreme(Del) 944

M.K.SHARMA
HARSHAD CHIMANLAL MODI – Appellant
Versus
D. L. F. UNIVERSAL LIMITED – Respondent


Advocates Appeared:
A.K.CHHABRA, C.MUKUND MURTY, RAJIV NAYAR

M. K. Sharma

( 1 ) THE present revision petition is directed against the order dated 25. 5. 1998 passed by the Additional District Judge, Delhi in Suit No. 1036/94 holding that the Delhi Court has no jurisdiction to try the suit and directing for return of the plaint to the plaintiff for presentation in the proper Court.

( 2 ) THE petitioner, as plaintiff, instituted a suit praying for a decree for specific performance of the contract of agreement to sell entered into between the petitioner and the respondents. In the said suit it was stated that the plaintiff entered into a plot buyer s agreement in the prescribed form on 14th August, 1985 with defendant No. 1 pursuant to which the plaintiff was allotted a residential plot of land measuring 264 sq. mtrs. in the residential colony of DLF Qutab Enclave Complex, Gurgaon, by the defendant No. 1. It is also alleged that in terms of the aforesaid allotment the petitioner/plaintiff also paid a sum of Rs. 12,974. 00 to the defendant No. 1. It was also alleged that subsequently, however, defendant No. 1 wilfully cancelled/withdrew the contract dated 14. 8. 1995 and the validity of the said action was challenged in the suit.

( 3 ) THE suit w









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