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2005 Supreme(Del) 867

SANJAY KISHAN KAUL
Sheela Gehlot – Appellant
Versus
Sonu Kochar – Respondent


Advocate Appeared:
Mr. P.K. Aggarwal. Advocate for the Plaintiff
Mr. Ravinder Sethi, Sr. Advocate with Mr. Sanjay Gupta and Ms.
Varsha Kriplani. Advocates for the Defendants

Sanjay Kishan Kaul, J. (Oral)

1. The plaintiff has filed the suit for specific performance or, in the alternative, for recovery of damages in respect of property bearing No. 60, Poorvi Marg, Vasant Vihar, New Delhi measuring 819 sq. yds.

2. The plaintiff had filed an application under Order 39 Rule 1 and 2 read with section 151 CPC (hereinafter referred to as 'the Code') for ad interim injunction in respect of the property in question along with the suit and interim orders were granted on 11.5.2005 directing status quo to be maintained in respect of property at the stage when the summons were issued in the suit. Thereafter certain directions were passed for the plaintiff to appear in court along with documents to show that the plaintiff was capable of making the payment of Rs.9.3 crores which was the stated consideration by the plaintiff in respect of the property in question and for the plaintiff to produce Income Tax Returns and pass book of bank accounts maintained by her. The plaintiff filed an affidavit with Income Tax Returns for the assessment year 2005-2006 along with details of bank account. The bank account showed meagre amounts of couple of thousand rupees. It was found t












































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