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1989 Supreme(Del) 237

Y.K.SABHARWAL
AJIT PRASAD JAIN – Appellant
Versus
N. K. WIDHANI – Respondent


Advocates Appeared:
B.B.Sharma, B.P.BERI, M.S.PAVAN, MINAKSHI SINGH, P.K.Seth, Uma Datta, VIJENDER JAIN

Y. K. Sabharwal J.

( 1 ) PLAINTIFF seeks a decree of specific performance in respect of property No. 59, Babar Road, Bengali Market, New Delhi, owned by defendants I to 5, who are the sons of Defendant No. 6. The case of the plaintiff is that the defendants entered into an agreement for sale of the suit property with the plaintiff on 19. 12. 1976. The agreement was signed by defendant No. 6 as attorney of defendant No. 2 as well as on his own behalf. It was also signed by defendants 1, 3 to 5. A sum of Rs. 10,000. 00 in cash was paid as earnest money The sale price of the suit property was settled at Rs. 2,65,000. 00. The defendants had undertaken to give vacant possession of the. suit property to plaintiff soon after the payment of Rs. 1,65,000. 00 to defendant No. 6 on behalf of the defendants. Another sum of Rs. 35,000/ was payable within 15 days of the date on which the permission of Land and Development Officer, New Delhi, is communicated to the plaintiff by defendant No. 6. he balance amount of Rs. 55,000. 00 was payable at the time of registration of the sale deed before the Sub Registrar, Delhi/new Delhi. It is common case of the parties that a sum of Rs. 10,000. 00 was pai





























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