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2013 Supreme(Del) 1393

RAJIV SAHAI ENDLAW
Akhtar Ali – Appellant
Versus
Bimla Devi – Respondent


Advocate Appeared:
Pramod Kumar, Manish Garg, Advocates.
R9, Hameed S. Shaikh, Advocate.

Judgment :

Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 9th February, 1990 of the Sub Judge, 1st Class, Delhi in Suit No.248/1989 filed by the appellant against the respondents for the relief of specific performance of an Agreement of Sale of immovable property and in the alternative for refund of advance paid with interest and compensation; by the impugned judgment, the appellant/plaintiff has been denied the relief of specific performance and has been granted a decree against the respondents/defendants no.1 to 8 for recovery of Rs.10,000/-with future interest at 12% per annum and proportionate costs.

2. The appellant/plaintiff, on 23rd August, 1983, had instituted the suit from which this appeal arises pleading:-

(a). that the respondents/defendants no.1 to 8 had vide Agreement dated 4th March, 1983 agreed to sell their property No.6777 situated inside Akata Kidara, Bara Hindu Rao, Delhi to the appellant/plaintiff for a total sale consideration of Rs.16,000/-out of which the appellant/plaintiff paid Rs.5,000/- at the time of Agreement to Sell;

(b). that the sale was agreed to be completed by executing the Sale Deed in favour of the appellant/plaintiff


























































































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