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2016 Supreme(Del) 830

S.RAVINDRA BHAT, DEEPA SHARMA
ENGINEERING AND INDUSTRIAL CORPORATION (P) LTD. – Appellant
Versus
C. M. SHARMA – Respondent


Advocates Appeared:
Sh. Vijay Kishan Jetly and Sh. Rajneesh Vats, Advocates.
Sh. Sunil Magon, Advocate, for Respondent No.1.
Sh. Arjun Mitra, Advocate, for GNCTD.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The present appeal questions the judgment and order of the learned Single Judge, dismissing application E.A. No.1996/2014 in the course of execution proceedings. The application moved by the Judgment Debtor (appellant) [and referred to hereafter as such] had called into question the previous order requiring deposit of Rs. 11,28,300/- as well as the charges payable to the Local Commissioner for execution of the sale deed.

2. The facts necessary for deciding the appeal are that the plaintiff (hereafter referred to as “Decree Holder”) entered into an Agreement to purchase the property, i.e. a shop at Inderpuri, New Delhi on 25.05.1951. The entire consideration – of Rs. 1375/- was paid by him in 1952. On 14.03.1961, the appellant/Judgment Debtor sought deposit of registration charges which at that time was Rs. 131/-, a fact produced on the record by documentary evidence (Ex.P-7). The Decree Holder/plaintiff complied with this payment and paid the said amount on 30.03.1961. The original plaintiff/Decree Holder’s predecessor-in-interest died and his legal representatives/heirs instituted a suit for specific performance and also sought a decree for posse























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