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2016 Supreme(Del) 3374

S.RAVINDRA BHAT, DEEPA SHARMA
FUTURISTIC SOLUTIONS LTD. – Appellant
Versus
NIRMAL PROMOTERS (P) LTD. – Respondent


Advocates Appeared:
For the Appellant : Sh. Anil Airi, with Sh. Rohit. P. Ranjan, Sh. Himanshu Kapoor.
For the Respondents: Sh. Jinendra Jain, Sh. Shekhar Raj Sharma.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. This is an unsuccessful plaintiff's appeal, against dismissal of its suit for specific performance of an agreement to purchase farmland property. A learned Single Judge of this Court dismissed the suit, by judgment and decree dated 30.07.2015.

2. The suit claim by the appellant-plaintiff (hereafter "Futuristic") was premised on an Agreement to Sell/ Memorandum of Understanding (MoU) dated 24.05.2005.Futuristic claimed that the first defendant (hereafter "Nirmal") agreed-through the second and third defendants (the fathers of fourth and fifth defendants respectively), to sell an agricultural farm measuring 12 bighas and 8 biswas, as per the mutation dated 21.09.1993, located in village Ghitorni, New Delhi (approximately 12350 sq. yd, hereafter "suit property"). The fourth and fifth respondents were shareholders and Directors of Nirmal. Futuristic claimed that the second and third defendant acted for and on behalf of Nirmal. The suit alleged that the total agreed consideration for the suit property was Rs. 2,37,50,000/-. Of the total price a sum of Rs. 5 lakhs was paid to second and third defendants into the account of Nirmal, on the date of entering i




































































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