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1985 Supreme(Del) 354

G.R.LUTHRA
LOV RAJ KUMAR – Appellant
Versus
MAJOR DAYA SHANKER – Respondent


Advocates Appeared:
A.K.Pathak, L.R.GUPTA, MUKUL ROHTAGI, P.N.TIVARI, RAJIV GUPTA

G. R. LUTHRA

( 1 ) BY way of this judgment, a number of applications (E. A. Nands. 68, 71, 68, (sic) 134 and 135 of 1985) are being decided. They are connected with Execution Case No. 27/80.

( 2 ) MAJOR Daya Shankar (now deceased) executed an agreement dated February 27, 1960 to sell property No. 77, Sunder Nagar, New Delhi in favour of Shri Lov Raj Kumar (hereinafter referred to as the decree-holder ). As Major Daya Shankar did not execute the sale deed in favour of the decree-holder, in accordance with the agreement to sell, the latter instituted a suit on January 3,1962 in the court of the Senior Sub Judge, Delhi. That suit was entrusted to a Sub Judge for trial and decision. The suit was still pending when Delhi High Court Act came into force and in accordance with its provisions, Delhi High Court came into existence on November 1, 1966. In view of the provisions of Delhi High Court Act, the suit was transferred to Delhi High Court and was registered as Suit No. 28 of 1967.

( 3 ) THE prayer in the original plaint was to the following effect:

(A) That a decree for specific performance of the agreement for sale of the building known and styled as No. 77, Sunder Nagar, New Delhi, al

























































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