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2016 Supreme(Del) 1236

V.KAMESWAR RAO
Raj Kishan Khanna – Appellant
Versus
Parvati Devi (Since Deceased) Thru. LRs. – Respondent


Advocates:
Advocate Appeared:
Mr. Rajiv Nayyar, Sr. Adv. with Mr. Arvind Kr. Sharma & Mr. Anurag Jain, Advs.
Mr. Premashish Choudhary, Advocate

JUDGMENT :

V. Kameswar Rao, J.

1. By this order, I would decide the preliminary issue framed by this Court on July 9, 2015 on the following terms:

“Whether suit instituted by the plaintiff is liable to be rejected under Order 7 Rule 11 CPC being barred by limitation?”

2. The relevant facts for considering the aforesaid issue are, that, the suit has been filed for specific performance of the agreement/receipt dated March 16, 2007, or in the alternative, for a decree of recovery of Rs. 4,60,00,000/- (Rupees 4 Crores 60 lakhs) in favour of the plaintiff and against the defendant. The case of the plaintiff in the suit is that on March 16, 2007, the plaintiff entered into an agreement to sell/receipt dated March 16, 2007 with Parvati Devi, predecessor-in-interest of the defendants (hereinafter referred to as the “Seller”), whereby the plaintiff had agreed to purchase land admeasuring 21 Bighas and1 Biswa out of Khasra No. 65//21/2(3-4), 78//1(4-16), 9/3(1-4), 10(4-16), 11(4-16), 12//l/l(0-7), 7/20(1-8) situated in the revenue estate of Village Ujwa, Delhi recorded in the revenue records of Najafgarh, Tehsil, New Delhi-110043 from her on various terms and conditions as contained therein. The
























































































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