CS (OS) No. 422 of 2006 & IA No. 5377 of 2012

1. This suit is for specific performance of an advance receipt-cum-agreement to sell and purchase dated 2nd March 2005 in respect of Industrial Shed No. C-50, Okhla Industrial Area, Phase-I, New Delhi110020 measuring 97.53 sq.mtrs. (hereafter ‘the suit property’) and in the alternative award damages in the sum of Rs.5 lakhs.

2. While directing summons to be issued in the suit on 8th March 2006, the Court also directed notice to be issued in IA No. 2758 of 2006 under Order XXXIX Rules 1 and 2 CPC and restrained the Defendant from creating any third party interest in the suit property. The following issues were framed by the Court after completion of pleadings on 30th October 2007:

“1. Whether the Plaintiff is entitled to a decree of specific performance of agreement to sell dated 2nd March 2005 in respect of the suit property? OPP

2. Whether the Plaintiff is entitled to any damages in respect of the suit property and if so, at what rate and for which period? OPP

3. Relief.”

3. The interim order was made absolute by an order dated 8th January 2008. The order was modified on 8th September 2008 to direct that in case the Defendant d