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2014 Supreme(Del) 2476

MANMOHAN SINGH
Ishwar Dayal Kansal – Appellant
Versus
Motion Pictures Association – Respondent


Advocates:
Advocate Appeared
For the Plaintiff: In person.
For the Defendant:Harish Malhotra, Sr. Advocate with Rajender Agarwal, Advocate.

Judgment

Manmohan Singh, J. (Oral):

1. This is a suit for specific performance, declaration and permanent and mandatory injunction filed by the plaintiff against the defendant. The issues in the matter were framed vide order dated 28th April, 2014. Vide the same order it was also directed that issues No. 1 and 2 be treated as preliminary issues.

2. Submissions have been made by both the sides on issue No. 2 which is “whether the suit claim is within time?”

3. It is the case of the plaintiff as stated in the plaint that the plaintiff in December, 1999 made an offer to the defendant to purchase the suit property, pursuant to the advertisements by the defendant in the newspapers for sale of the suit property. Subsequent to exchange of communication between the parties, plaintiff revised his offer on 14th December, 1999 and paid an advance amount of Rs.20 Lacs. Rs.1,20,00,000/-was to be paid at the time of registering the agreement to sell and handing over vacant possession to the plaintiff. Balance Rs.2,60,00,000/-was to be paid with 18 months handing over the possession to the plaintiff. The said offer was accepted by the defendant by passing a resolution and on 4th February, 2000 de































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