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2010 Supreme(Del) 831

REKHA SHARMA
NILIMA GHOSH – Appellant
Versus
HARJEET KAUR – Respondent


Advocates Appeared
Mr. N.M.Varghese, Advocate
Mr. Jagmohan Sabharwal, Senior Advocate with Mr. Rajan Sabharwal & Ms. Seema Bhaduriya, Advocates for respondent No.1.

JUDGMENT

REKHA SHARMA, J.

1. The bone of contention between the parties to the appeal is a property at D-713, Chitranjan Park, New Delhi. It all started in the year 1988 with respondent No.1 before me filing a suit for specific performance against the appellant and three others, initially in this Court which was later transferred to the Court of an Additional District Judge after the pecuniary jurisdiction of the High Court was enhanced. Basing her case on two agreements dated February 21, 1985 and September 07, 1987, respondent No.1 alleged that the appellant had agreed to sell the aforementioned property to her for a total consideration of ` 2,00,000/- and that even after having received the full sale consideration, she refused to execute the sale deed in her favour.

The learned Additional District Judge who heard the suit, vide judgment dated February 12, 1999 held in favour of respondent No.1 and consequently passed a decree against the appellant for specific performance of the agreement dated September 07, 1987 with a direction to the appellant to put respondent No.1 into possession of the property in dispute. The appellant was also directed to file applications/papers seeki


















































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