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2007 Supreme(Del) 1458

A.K.SIKRI, ARUNA SURESH
NARESH CHAND GUPTA – Appellant
Versus
BRAHAM PRAKASH AND DAYAWATI – Respondent


Advocates Appeared:
Ayush Gupta, R.K.Dubey, RAKESH KHANNA, S.B.Upadhyay

A. K. SIKRI, J.

( 1 ) THE plaintiff (the appellant herein), being the owner of property No. 1047, nanak Chand Basti, Gurdwara Road, Kotla Mubarakpur, New Delhi, entered into an agreement to sell dated 20. 10. 1987 in respect of part of the said property. e. southern portion of the property measuring 150 Sq. yards (hereinafter referred to as the suit property ). Total consideration was fixed at Rs. 4,70,000/ -. At the time of entering into the agreement to sell with the defendant No. 1 (the respondent No. 1 herein), a sum of Rs. 75,000/- was paid by the defendant No. 1 to the plaintiff. Balance amount was to be paid by 31. 1. 1988. However, the defendant No. 1 agreed to pay Rs. 30,000/- extra over and above the earlier agreed consideration. On 17. 12. 1987, the defendant No. 1 paid Rs. 1 lac. On 6. 9. 1988 a further sum of Rs. 1,90,000/- by means of draft and cash amount of rs. 1,10,000/- was given. Further sum of Rs. 10,000/- was given on 20. 12. 1988. On that date. e. 20. 12. 1988, the plaintiff executed power of attorney in favour of the defendant No. 2 (the respondent No. 2 herein) wife of the defendant No. 1. According to the plaintiff, the defendant No. 1 had agreed to constr



































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