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2016 Supreme(Del) 572

VALMIKI J.MEHTA
Shri Neelpadmaya Consumer Products Pvt. Ltd. – Appellant
Versus
Satyabir @ Satbir – Respondent


Advocates:
Advocate Appeared:
Ms. Smita Maan, Mr. B.S. Maan
Mr. N.S. Vasisht, Mr. Vishal Singh, Ms. Jyoti Kataria

JUDGMENT :

Valmiki J. Mehta, J.

1. This is a suit for specific performance filed by the plaintiff/Company. The Agreements to Sell are dated 25.9.2006 and the same pertains to a total land of 20 bighas and 8 biswas (approx 20,500 sq yds) situated in the revenue estate of village Goela Khurd, New Delhi. One agreement is signed by defendant nos.1, 3 & 4 whereas defendant no.2 has signed another near identical agreement. The Khata number of the land is 138/98 and the relevant khasra numbers are 20//18/2 (1-4), 23/1 (4-5), 30//3/1 (4-1), 8/2 (0-11), 9 (4-16), 12 (4-16), 13/1 (0-11) and 27(0-4).

2. The case of the plaintiff is that the four defendants had equal 1/4th co-ownership rights in the suit land and which suit land was agreed to be sold for a total price of Rs.5,32,91,250/-. The total price is arrived at on the basis of the price per acre (4 bighas 16 biswas or 4,840 sq yds) being 1,25,25,000/-. Plaintiff under the two Agreements to Sell dated 25.9.2006 paid a sum of Rs.40 lacs. A further amount of Rs.13 lacs was paid by the plaintiff to the defendants on 5.10.2006 which was acknowledged by means of a Receipt dated 10.10.2006. In terms of the agreements to sell, balance sale conside







































































































































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