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2007 Supreme(Del) 1154

A.K.SIKRI, ARUNA SURESH
VIJAYA MYNE – Appellant
Versus
SATYA BHUSHAN KAURA – Respondent


Advocates appeared:
For the Appellant:Mr. Amit S. Chadha, Sr. Adv. with Ms. Kamlesh Mahajan, Mr. Kunal Sinha, Advocates.
For the Respondent:Mr. Prem Kumar, Advocate.

JUDGMENT

A.K. Sikri, J.-The respondent herein filed the suit for specific performance of agreement to sell dated 6.4.2005. It was in respect of suit property measuring 325 sq. yards bearing No. C-2j270, Janak Puri Residential Scheme, New Delhi. After the pleadings, the respondent moved application under Order 8 Rules 3 and 5 read with Order,12 Rule 6, epe praying for passing of a decree in his favour on the ground that there were :r sufficient admissions made by the defendant (the appellant herein) warranting the passing of the judgment on the basis of such admissions and decreeing the suit. The learned Single Judge has allowed this application, vide judgment dated 22.12.2006 and as a necessary corollary, has passed the decree in favour of the respondent herein. Dissatisfied, the appellant has preferred this appeal.

2. Before coming to the grounds on which the said judgment and decree is impugned, we may take stock of the necessary pleadings. The appellant is the owner of the suit property by virtue of perpetual lease hold rights given to her vide conveyance dated 14.11.1979. She entered into agreement to sell dated 13.4.2004 with the respondent agreeing to sell the property for a t






























































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