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2014 Supreme(Del) 1080

PRADEEP NANDRAJOG, JAYANT NATH
R. K. B. K. Fiscal Services – Appellant
Versus
Ishwar Dayal Kansal – Respondent


Advocates Appeared:
For the Appellant:Parag P. Tripathi, Senior Advocate, instructed by Pratibha Sinha, Kunal Bahl, Dhawal Mehrotra, Advocates.

Judgment

Jayant Nath, J.

1. The present appeal is filed challenging the judgment and decree dated 21.12.2012 whereby the suit of the respondents seeking specific performance of the Agreement to Sell dated February 09, 2005 was decreed in favour of the respondents with a direction to the respondent to pay to the appellant the balance sale consideration of Rs.6.25 crores (Rupees six crore and twenty five lacs only) with interest @ 6% per annum from the date of filing of the suit till date of payment. Cross objections being CM No.4402/2013 is filed by the respondents challenging the direction in the impugned order directing the respondents to pay interest @ 6% per annum on the balance sale consideration.

2. Respondents filed the present suit stating in the Plaint that the appellant and respondent No.1 entered into an agreement to sell on 9.2.2005 for land owned by the appellant company measuring 1.8252 hectares (18252.50 Sq.Mtrs.) bearing Khasra Nos.85/4/3 Min., 7 East, 7 West, 7,8,13,14 West, 17 Min. and 85/18, Min.situated at Village Bijwasan, New Delhi for a total consideration of Rs.7,35,00,000/-(Rupees seven crore and thirty five lakh only). Respondent No.1 paid an advance of Rs.1
























































































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