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2009 Supreme(Del) 580

RAJIV SAHAI ENDLAW
Ravinder Singh – Appellant
Versus
Naresh Kukreja – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.S. Chandhiok, Sr. Adv., Jasmeet Singh, Saurabh Tiwari and Sameer Kulshreshtha, Advs.
For Respondents/Defendant: Sandeep Sethi, Sr. Adv. for defendant No. 1 in CS (OS) 1894/2008 and IA. No. 10992/2008 (of the plaintiff Under Order 39 Rules 1 and 2 CPC) and Sandeep Sethi, Sr. Adv. for defendant No. 1 and Amit S. Chadha, Sr. Adv. and Kunal Sinha, Advs. for defendant No. 2 in CS (OS) 46/2009 and IA. No. 342/2009 (of the plaintiff Under Order 39 Rules 1 and 2 CPC) IA. No. 2424/2009 (of the defendant No. 1 Under Order 39 Rule 4 CPC) and IA. No. 4240/2009 (of the defendant No. 1 Under Section 151 CPC)

JUDGMENT

Rajiv Sahai Endlaw, J.

1. The applications for interim relief in both suits are for consideration. The plaintiffs in both suits are the same. The sole defendant in the first suit (CS(OS) No. 1894/2008) is the defendant No. 2 in the second suit (CS(OS) No. 46/2009).

2. The first suit has been filed for specific performance of an oral agreement to sell of 15th September, 2005 of shop No. 6-A Khan Market, New Delhi. It is inter alia the case of the plaintiffs that Shri M.R. Kukreja, father of the sole defendant in the first suit (hereafter called owner) was the owner of the said shop; on his demise on 9th December, 1986 the shop devolved on his wife Smt Sheela Devi; on demise of Smt Sheela Devi on 5th May, 1991 the owner inherited the said shop on the basis of her Will; that the owner applied for probate of the said Will which was granted vide order dated 10th May, 2005; that the owner approached the plaintiffs to sell the said shop and after detailed negotiations an oral agreement of sale and purchase of the said shop was reached on 15th September, 2005, for a total consideration of Rs 1 crore; that it was agreed that the owner would get the shop converted from lease hold to




















































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