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2008 Supreme(Del) 818

RAJIV SAHAI ENDLAW
Madan Lal Bansal – Appellant
Versus
Roshan Lal Singla – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:H.C. Mittal, Adv. For Respondents/Defendant: R.S. Rana, Adv.

JUDGMENT

Rajiv Sahai Endlaw, J.

1. The plaintiff has, in this suit for specific performance of an agreement of sale of immovable property, filed these applications for relief of restraining the defendants from alienating, selling or creating third party rights or parting with possession of property No. 29, Block B-2 Paschim Vihar, New Delhi subject matter of Agreement of Sale and also for directing the defendants to furnish security to secure the alternative relief of recovery of double the earnest money, claimed in the suit.

.2. It is the admitted position that an Agreement to Sell dated 16th January, 2006 with respect to the aforesaid property was executed by the defendants as owner in favour of the plaintiff. The terms of the said agreement relevant for the present were as under:

.(i) The total sale consideration was Rs 1,11,21,000/-;

.(ii) The defendants had raised a loan of Rs 47 lacs from the Citi Financial Bank by equitable mortgage of the said property;

(iii) The plaintiff paid Rs 11 lacs prior to / at the time of agreement to sell by way of earnest money and the balance sum of Rs 1,00,21,000/- was payable as under:

.(i) Rs 20 lacs on or before 7th February, 2006 which was

















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