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2014 Supreme(Del) 1470

G.S.SISTANI
Sunil Arora – Appellant
Versus
V. K. Vadhera – Respondent


Advocates Appeared:
For the Plaintiff:Shivali Bansal, Advocate.
For the Defendant: None.

Judgment

G.S. Sistani, J.

1. Plaintiff has filed the present suit for specific performance of agreement to sell dated 27.11.1991 in respect to property bearing No.4, Block B-1, Phase-II, Ashok Vihar, Delhi. A decree of permanent injunction is also sought. Counsel for the plaintiff was requested to address arguments on the question of limitation, as on a bare reading of the plaint the Court was of the view that the present suit was hopelessly barred by limitation.

2. The facts of the case as stated by the plaintiff in the plaint are that the plaintiff is one of the legal representatives of deceased, Sh.Des Raj Arora. The said Sh.Des Raj Arora had been authorized by a special power of attorney by other legal representatives to institute the present suit. (It may be noted that all the legal heirs have not been made a party to the suit). Sh. Des Raj Arora died on 3.3.2013. Sh.Des Raj Arora entered into an agreement to sell with the defendant on 27.11.1991 with respect to property No.4, Block B-1, Phase-II, Ashok Vihar, Delhi, for a total sale consideration of Rs.58.0 lacs, out of which Rs.4.0 lacs was paid to the defendant as earnest money vide pay order No.000853 dated 27.11.1991 dra



























































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