VALMIKI J.MEHTA
DR. S. P. JINDAL – Appellant
Versus
FRIEIDRICH EBERT STIFTUNG – Respondent
VALMIKI J. MEHTA, J.
1(i). Two suits are being decided by the present judgment. The suits were consolidated by the Order of this Court dated 28.4.2009 in CS(OS) No.51/2006 when issues were framed. The first suit being CS(OS) No.51/2006 is a suit filed by the landlord/proposed seller under the Agreement to Sell dated 01.11.2004. By this suit, the landlord/proposed seller seeks back possession of the suit property bearing no. K-70B, Hauz Khas Enclave, New Delhi-110016 and also mesne profits at Rs.2.50 lacs per month from 1.7.2005. The suit is predicated on the cause of action that the Agreement to Sell dated 1.11.2004 no longer binds the landlord/proposed seller and consequently the proposed buyer/tenant having no rights of a lessee in the suit premises, should handover possession of the suit premises back. The landlord/proposed seller is Dr. Shiv Pal Jindal. The proposed buyer/tenant is a German NGO, M/s. Friedrich Ebert Stiftung. For completion of narration, it may be stated that though it was only Dr. Shiv Pal Jindal who was the owner of the suit property, landlords o
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