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2011 Supreme(Del) 282

V.K.JAIN
TANU GOEL – Appellant
Versus
GIRISH CHOPRA – Respondent


Advocates Appeared:
For the Plaintiff: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Sudhir Talwar.
For the Defendant: Mr. Sanjay Goswami

Judgment

V.K. JAIN, J

1. This is a suit for specific performance of an agreement to sell dated 15th June, 2010 whereby the defendants agreed to sell the entire third floor with terrace rights of property No. 9, Sukhdev Vihar, New Delhi to the plaintiffs for a consideration of Rs. 4 Crore 25 Lacs. A sum of Rs.50 Lacs was paid to the defendants at the time of execution of the agreement and the balance sale consideration was agreed to be paid on or before 15th August, 2010. The possession of the premises, the subject matter of the agreement, was agreed to be given to the plaintiffs at the time of registration of the sale deed, after receiving the full consideration.

2. It was stated in the agreement that the defendants have taken a home loan from the Bank of Baroda and that they had assured the plaintiffs that on or before the registration of sale deed, the loan will be returned to the bank and all installments in respect of the portion being sold to them would be cleared. Photocopies of all the relevant documents were handed over by the defendants to the plaintiffs at the time of execution of the agreement.

3. In terms of the aforesaid agreement dated 15th June, 2010, the plaint




























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