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2007 Supreme(Del) 337

SANJAY KISHAN KAUL
BHAWNA SETH – Appellant
Versus
DLF UNIVERSAL LIMITED – Respondent


Advocates Appeared:
R.S.Endlaw, VIKAS DHAVAN

( 1 ) THE plaintiff has filed a suit for specific performance of the Agreement dated 15-9-1987 entered into with the defendants in respect of space No. 149, The shopping Mall, DLF Qutab Enclave Complex, gurgaon. It is the case of the plaintiff that the plaintiff paid the initial amounts but subsequently the "defendants arbitrarily increased the covered area and sought further amounts from the plaintiff, which was in violation of the Agreement. The disputes between the parties resulted in the defendant ultimately issuing a letter dated 2-5-1997 informing the plaintiff that the space has been cancelled for non-payment of dues by the plaintiff but the Agreement could be restored if the full amount claimed along with the holding charges were paid. Since the disputes, did not get resolved the suit was filed. The prayer made in the suit is as under : "it is, therefore, respectfully prayed that this Hon'ble Court may be pleased to pass a decree in favour of the plaintiff and against the defendant, directing the defendant to execute the sale deed in respect of property no. 149, "the Shopping Mall", DLF Qutab enclave, Gurgaon, in favour of the plaintiff.

( 2 ) DEFENDANT No. 1 has contested




















































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