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2012 Supreme(Del) 1693

ANIL KUMAR
V. L. Bhargava – Appellant
Versus
Balwant Singh – Respondent


Advocates appeared:
For the Appearing Parties:Sudhanshu Batra, Sr. Advocate, with Bhuvan Gugnani, Harish Gupta, Advocate.

Judgment :

ANIL KUMAR, J.

This judgment shall dispose of the suit of Dr. Bhargava & Anr., hereinafter referred to as 'owner's'/Plaintiff; suit for recovery of Rs.22,69,894.50 with pendentelite and future interest at the rate of 18% per annum and the cross suit of Balwant Singh, hereinafter referred to as 'Builder'/Defendants for recovery of Rs.2,67,150/-with pendent lite and future interest at the rate of 24 % per annum on the principal amount from 1.5.2003 till the decision of the suit.

CS(OS) No.1530/2003

1. The owners contended that plaintiff No.1 is a well known gynecologist and plaintiff No.2 is a retired Army Officer and brother of plaintiff No.1. They jointly purchased a land measuring 743.15 sq.mtrs. bearing No.49 on Pine Drive in Malibu Town, District Gurgaon, Haryana, by a registered sale deed dated 29th March, 2000. The physical possession of the plot was handed over on 5th May, 2000. After getting the possession, the plaintiffs contemplated the construction of a residential house on the said plot and, therefore, they arranged for a loan to the tune of Rs.27,00,000/- from HDFC Limited.

2. For the purposes of construction, a contractor was also required and since defendant



















































































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