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2018 Supreme(Del) 192

PRATHIBA M.SINGH
RAJENDARI DEVI – Appellant
Versus
PRAMOD KUMAR BASOTIA – Respondent


Advocates Appeared:
For the Appellants :Mr. Babul Lal & Mr. Kaljeevan Siddharth, Advocates.
For the Respondent:Mr. Saurabh Duggal, Advocate.

JUDGMENT :

Prathiba M. Singh, J.

1. The present appeal arises out of a decree passed for possession, permanent injunction and damages/mesne profits.

2. The case of the Respondent/Plaintiff (hereinafter, 'Plaintiff') is that a sale transaction was entered into with the Appellant/Defendant (hereinafter 'Defendant'), in respect of property bearing H. No.74, Pocket B-6, Sector-8, land measuring 25.9 sq. mtrs. in the layout plan of Rohini Residential Scheme also known as Rohini, Delhi (hereinafter, 'suit property'). The documents executed were –

(i) General Power of Attorney dated 26th February, 1997,

(ii) Agreement to Sell dated 25th February, 1997,

(iii) Receipt dated 25th February, 1997,

(iv) Will dated 26th February, 1997,

(v) Special Power of Attorney dated 26th February 1997,

(vi) Possession letter dated 26th February, 1997.

The General Power of Attorney, the Special Power of Attorney and the Will were registered with the Sub-Registrar’s office on 26th February, 1997. There is a dispute as to the consideration amount. It is the Plaintiff’s case that the consideration amount was Rs.65,000/- which was not paid, but it is the Defendant’s case that the consideration amount was Rs.5,00,000/- whi






































































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