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2009 Supreme(Del) 1032

REKHA SHARMA
KAMLESH AGARWAL – Appellant
Versus
E. C. E. INDUSTRIES LTD – Respondent


Advocates appeared:
Dr. Anurag Kumar Agarwal, Advocate with Mr. Umesh Mishra, Advocate
Through None

JUDGEMNT

REKHA SHARMA, J.

The short question which arises in this appeal is whether the suit filed by the appellants primarily for specific performance of an `Agreement to Sell was barred by the law of limitation. The learned Additional District Judge who tried the suit has held the same to have been instituted after the expiry of the period of limitation. The appellants feel it was filed within limitation. Before I come to the point in issue, it is necessary to refer to a few facts:

It is not in dispute between the parties that an „Agreement to Sell dated June 15, 1977 was entered into between them and thereby the respondent had agreed to sell and transfer to the appellants flat measuring 634 Sq. ft. on the first floor of building known as ECE House (Main Building) situated at 28, Kasturba Gandhi Marg, New Delhi inclusive of 49.70 Sq. ft. of proportionate area in the passage and WC together with all manners or rights, liberties, easements, privileges, advantages, emoluments, appendages and appurtenances whatsoever but subject to the tenancy of M/s. Macneill and Magor Limited. It is also not in dispute that the entire sale consideration of the flat amounting to Rs. 1,80,690/- was



























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