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2013 Supreme(Del) 1456

S.MURALIDHAR
Digamber Builders & Land Developers Pvt. Ltd. – Appellant
Versus
Inder Singh – Respondent


Advocate Appeared:
For the Plaintiff:Ashish Mohan with Rohit Gandhi, Varun Garg, Advocates.
For the Defendant:K.G. Chhokar, Advocate.

Judgment :

1. The above suit has been filed by Digamber Builders & Land Developers Private Limited against Mr. Inder Singh seeking specific performance of an agreement to sell dated 11th February 2010 in respect of sale of half share of Khasra No. 308 (admeasuring 4 bighas and 16 biswas) and Khasra No. 309 (admeasuring 4 bighas and 16 biswas) in village Bhalaswa, Jehangirpur, Delhi. Alternatively, it is prayed that in the event specific performance cannot be granted, the Court should pass a decree for damages in the sum of Rs.80 lakhs along with pendente lite and future interest @ 24 % per annum. A third prayer is for a decree of permanent injunction restraining the Defendant from alienating the suit property.

2. While directing issuance of summons in the suit on 30th May 2012, this Court restrained the Defendant from creating third party interests in regard to the undivided share in the suit property.

3. Thereafter, the Defendant filed IA No. 14302 of 2012 under Order VII Rule 11 CPC and IA No. 14303 of 2012 under Order VI Rule 4 and under Order XI Rules 12 and 14 CPC for furnishing better particulars. In the latter application, the Defendant pointed out that in para 17 of the pl


























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