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2006 Supreme(Del) 604

A.K.SIKRI, S.N.AGGARWAL, VIJENDER JAIN
SUBHASH CHANDER KATHURIA – Appellant
Versus
UMED SINGH – Respondent


VIJENDER JAIN, J.

( 1 ) NOTICE discharged. RFA (OS) No. 23/2006 and CM Nos. 4502, 4503/2006 the appellant in this appeal is aggrieved by an order passed by the learned single Judge of this Court on 24. 1. 2006 dismissing his suit for specific performance as barred by limitation.

( 2 ) THE appellant had entered into an Agreement with the respondents on 27. 7. 1988 whereby the respondents had agreed to sell to the appellant their agricultural land measuring 34 bighas 1 biswas in Village Bamnauli, Tehsil mehrauli, New Delhi, for consideration of Rs. 20,92,656/ -. Rs. 2 lacs was paid by the appellant to the respondents as earnest money and the balance sale amount was to be paid at the time of registration of the Sale Deed. It was stipulated in the agreement to Sell that the respondents were to obtain No Objection Certificate from the revenue authorities and Income-tax clearance Certificate from the income-tax Department before execution of the Sale Deed which was agreed to be executed within three months of the Agreement. After entering into an Agreement and payment of earnest money of Rs. 2 lacs, neither the appellant nor the respondents pursued the matter thereafter till August, 1996






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