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2014 Supreme(Del) 1592

SANJEEV SACHDEVA
Surjit Singh Bhatia – Appellant
Versus
Tej Raj Singh Goel (Huf) – Respondent


Advocate Appeared:
For the Plaintiffs:Ravi Gupta, Senior Advocate with Abhijat, Ajay Mohan Gulati, Harsh Hari Haran, Advocates.
For the Defendant:Sandeep Sethi, Senior Advocate with Ashish Aggarwal, Varun Sharma, Advocates.

Judgment

Sanjeev Sachdeva, J.

1. The Plaintiffs have filed the present suit seeking specific performance of Agreement to Sell dated 27.06.2008 in respect of property bearing No. D-104, Defence Colony, New Delhi, admeasuring 333 sq. yards.

2. The property was purchased by the Defendant by Sale Deed dated 18.02.1984, and was converted from lease-hold to free-hold vide Deed of Conveyance dated 02.12.2005.

3. As per the Plaintiffs during the months of May-June, 2008, the Plaintiffs were approached by one Mr. Virender Kumar Baweja – a property dealer, through whom the meetings were arranged with the Defendant and for a total sale consideration of Rs.15 crores 80 lacs, the Plaintiffs agreed to purchase and the Defendant agreed to sell the suit property, subject to certain terms and conditions.

4. The Plaintiffs claim to have paid to the Defendant earnest money in the sum of Rs. 1 lac in cash on 26.06.2008, and on 27.06.2008 an Agreement to Sell was executed and a further sum of Rs.1 crore was paid to the Defendant. It was agreed that the balance consideration would be paid to the Defendant within 100 days of the date of the execution of the agreement i.e. on or before 06.10.2008.

5. As per













































































































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