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1997 Supreme(Del) 39

N.SAHU
MOHAN EXPORTS INDIA PRIVATE LIMITED – Appellant
Versus
M. M. SEHGAL – Respondent


Advocates Appeared:
DIPAK KHOSLA, MUKUL ROHTAGI, R.C.Beri, Y.P.NARULLA

Anil Dev Singh, J. (Oral)

( 1 ) THIS is a suit for specific performance of the agreement dated April 14, 1982 pertaining to two flats No. 204 and 205, Madhuban Building, Nehru Place, New Delhi. The facts as stated in the plaint are as follows :-

( 2 ) THE plaintiff is a deemed limited company. Defendants 1 and 2 are the Directors and shareholders of defendant No. 3-M/s. Reliance International Corporation Pvt. Ltd. Defendant No. 4 is a sister concern of defendant No. 3. Defendant No. 5 is the promoter and builder of the building Madhuban in which the above said two flats are situate. Defendant No. 6 is the tenant of the above said two flats. Defendants 1 and 2 approached the plaintiff in the month of February 1982 for the sale of the above noted property. After some negotiations sale price of the property was settled at Rs. 12 lacs. As a result of the negotiations the parties entered into the above said agreement whereby defendants 1 to 3 agreed to sell the flats for a total consideration of Rs. 12 lacs to the plaintiff. The sale consideration was paid in the following manner :-

( 3 ) AS per clause IV of the agreement to sell, defendants 1 to 3 were to transfer the property in favour o

















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