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2013 Supreme(Del) 1253

JAYANT NATH
Gurjeet Singh Madaan – Appellant
Versus
Sub-Registrar-IX (District South-West) – Respondent


Advocate Appeared:
For the Plaintiff:Dinesh Garg, Ms. Rachna Agrawal, Advocates.
For the Defendants:D1, V.K. Tandon, Ms. Sucheta Kumari, D2, Ms. Surbhi Sharma, Advocates.

Judgment :

Jayant Nath, J.

1. The present Suit is filed under Section 77 of the Registration Act 1908 seeking relief of a decree in favour of the plaintiff directing defendant no.1 to register the document being Sale Deed dated 3.5.2012 executed by defendant No.2 in favour of the plaintiff in respect of Second Floor of property No.A-11/9, Vasant Vihar, New Delhi.

2. The brief facts leading to filing of the present Suit are that M/s. Clement Overseas Pvt. Ltd. had purchased the property No. A-11/9, Vasant Vihar, New Delhi measuring 600 sq. yds vide Sale Deed dated 22.10.1997. A collaboration Agreement was entered into on 13.4.1998 by the said owner company with the developer Shri B.K. Uppal to develop the said property. The property was to comprise of basement, ground floor, first floor, second floor, terrace and two driveways. The owner’s share was basement, ground floor and one drive way towards property No.A-11/10, Vasant Vihar. Developer’s share was First Floor, Second Floor, terrace with right to raise further construction and another driveway adjoining the side lane.

3. Vide two sale deeds dated 11.12.1998 the developer sold the entire second floor and the full terrace with






































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