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2012 Supreme(Del) 2077

V.K.JAIN
Arshad Zamal Siddiqui – Appellant
Versus
Ravinder Singh – Respondent


Advocates Appeared:
For the Plaintiffs:R.K. Saini & Sitab Ali Chaudhary, Advocates.
For the Defendants:R1 to R3 -Rahul Gupta, Advocate.

JUDGMENT

V.K. JAIN, J.

1. Vide agreement to sell dated 25.04.2011, defendants 1 to 3 agreed to sell land measuring 1000 square yards forming part of Khasra No. 372 Min, situated in the area of Village Jasola, Tehsil Mehrauli, New Delhi to the plaintiffs for a total sale consideration of Rs 4,10,00,000/-and received a sum of Rs 50 lakh from them as earnest money. As per the agreement between the parties, the balance payment was to be made and possession of the land subject matter of the agreement was to be delivered to the plaintiffs on or before 30.09.2011.

2. At the time of execution of the agreement between the plaintiff and defendants 1 to 3, two suits were pending with respect to the land subject matter of the agreement and this was recorded in para 8 of the agreement. One suit was pending in this Court and the other suit was pending in Tis Hazari Courts. In Suit No. 645/2004 pending in this Court, an order was passed by this Court on 16.09.2011 directing the parties to the suit to maintain status quo with respect to the title, possession and construction on the land measuring 5 bighas and 8 biswas out of Khasra No. 372 Min, Shaheen Bagh, Village Jasola, Tehsil Mehrauli, New Del














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