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1990 Supreme(Del) 331

ARUN KUMAR
NANAK BUILDERS ANDINVESTORS PRIVATE LIMITED – Appellant
Versus
VINOD KUMAR ALAG – Respondent


Advocates Appeared:
H.N.CHAUDHARY, Harish Malhotra

ARUN KUMAR, J.

( 1 ) THE plaintiff has filed the present suit for specific performance of a contract dated 16th October 1985 regarding sale of plot No. E-554, Greater Kailash Part II, New Delhi, measuring 275 Sq. Yards by the defendant in favour of the plaintiff and for delivery of possession thereof.

( 2 ) THE case of the plaintiff is that on 16th October, 1985, the defendant agred to sell plot of land measuring 275 So. Yds. bearing No. E-554 (Part), Greater Kailash Part-11, New Delhi to the plaintiff for a total consideration of rupees eleven lacs. A receipt for the sum of rupees one las which was paid in cash by the plaintiff to the defendant was executed on the same date. The said receipt itself contains the terms and conditions of the agreement between the parties. The case of the plaintiff is that the said document, though titled as a receipt, is in fact a contrect which is signed by both the parties and the plaintiff seeks specific performance of the same. The plaintiff has further stated in the plaint that it had been repeatedly requesting the defendant to accept the further sum of Rs. 3,40,000 in terms of the Agreement dated 16th October, 1985 and deliver possession of the









































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