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2007 Supreme(Del) 2762

SANJAY KISHAN KAUL
Nisha Raj – Appellant
Versus
Pratap K. Kaula – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rajive Sawhney, Sr. Adv., Kajal Chandra and Sanjiv Anand, Advs.
For Respondents/Defendant: Pravir Jain, Adv. for Defendant Nos. 1 to 4, N.S. Vashisht, Adv. for Defendant No. 6 and P.R. Aggarwal, Adv. for Defendant Nos. 7 and 8

JUDGMENT

Sanjay Kishan Kaul, J.

1. The plaintiffs the purchasers have filed the present suit for specific performance of Agreement to sell dated 30-09-1986 (Ex. PW1/2 ) of the property situated at A-2, Pamposh Enclave, New Delhi admeasuring 698.60 sq. yds (hereinafter referred to as the said property). The defendant Nos. 1-4 in the present case are the legal heirs of Smt. Vijay Malini Kaula, the seller, of the said property.

2. A perpetual sub-lease (Ex. P1), duly registered, dated 05-02-1973 was executed in favor of the said seller by the President of India as the Lesser and the Kashmir Cooperative House Building society Ltd. as the lessee for a consideration of Rs. 13,105 towards development charges.

3. The said seller constructed a residential house with a covered area of 3723.08 sq. ft. at the cost of Rs. 2,48,000 on the said property (being a residential plot of land) for which an occupancy certificate was issued by the DDA on 29-12-1984. Later the seller decided to permanently settle in Nilgiris, Tamil Nadu and thereforee appointed one Col. Janki Raina as her attorney by way of a Special Power of Attorney dated 13-12-1979 (Ex. PW1/1). On 01-03-1985, the said property was let














































































































































































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