DEVENDER GUPTA
KULBIR SINGH – Appellant
Versus
YASHBIR – Respondent
( 1 ) THIS is an application moved by the plaintiff for directions that the keys of the premises as well as actual possession of the property be handed over to the plaintiff.
( 2 ) THE plaintiff has filed a suit claiming a decree for specific performance directing defendant No. 1 to execute and get registered sale deed in his favour or in favour of his nominee with respect to property bearing No. 3/31, West Patel Nagar, New Delhi. Defendant No. 2 in the suit is Allahabad Bank and a direction is sought against defendant No. 2 to deliver vacant possession to the plaintiff. It is alleged that defendant No. 1 on 14. 12. 1989entered into an agreement for sale of the suit property in plaintiff s favour for a total consideration of Rs. 6 lakhs. A sum of Rs. 1 lakh was paid to defendant No. 1 by way of bank draft dated 12. 12. 1989 and the remaining sale consideration of Rs. 5 lakhs was paid by way of another bank draft. As per the terms of the agreement, defendant No. 1 delivered to the plaintiff symbolic / proprietory possession and agreed to execute a formal deed of sale after the requisite permission in that behalf was granted by the Office of Land and Development. Proper
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