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2008 Supreme(Del) 389

SHIV NARAYAN DHINGRA
SPRING VALLEY FINANCE AND TRADE LTD. – Appellant
Versus
PRAKASH KAUR (DECEASED) NOW REPRESENTED BY HER LRS, DARSHAN KAUR – Respondent


Advocates:
Advocate Appeared
For the Plaintiff:Mr. C.P. Vig, Advocate.
For the Defendants:Mr. O.N. Vohra, Sr. Advocate with Ms. shadhna Bhargava, Advocate.

JUDGMENT

Shiv Narayan Dhingra, J.- This suit has been filed by the Plaintiff for Specific Performance of an Agreement to Sell dated 2nd August, 1988 executed between the parties whereby Defendants had agreed to sell and transfer by way of a Conveyance Deed all their rights, title and interest in the leasehold plot of land measuring 0.97 acre, known as Bungalow No.8, Tolstoy Marg, New Delhi to the Plaintiff for a total sale consideration of Rs. 3,50,00,000/- (Rs. Three Crore Fifty Lac only). Out of the total agreed amount of Rs. 3.5 crore, a sum of Rs. 42 lac was paid by the Plaintiff to the Defendants as earnest money and remaining amount of Rs. 3,08,00,000/was to be paid in terms of the Agreement. On payment of total consideration, the Defendants were to execute Conveyance Deed of the property in favour of the Plaintiff and were to hand over vacant physical possession of part of the premises, in occupation of the Defendants and the symbolic possession of part of the property in occupation of the five tenants. Under the Agreement to Sell dated 2nd August, 1988, the Defendants were required to do the following acts, before being entitled to receive balance consideration and to execu












































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