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2018 Supreme(Del) 452

J.R.MIDHA
Subhash Chand Aggarwal (Deceased) Thr His Lrs – Appellant
Versus
Yashveer Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. B.K. Sood, Mr. Harish Gaur

JUDGMENT :

1. The appellants have challenged the judgment dated 30th January, 2017, whereby their suit for specific performance has been dismissed by the Trial Court. The appellants are the legal representatives of the plaintiff whereas the respondents were the defendants before the learned Trial Court. For the sake of convenience, the appellants and the respondents are referred to as per their ranks before the Trial Court as “the plaintiff” and “the defendants” respectively.

2. On 29th May, 2004, the plaintiff entered into an agreement with the defendants to purchase an industrial plot in Khasra No. 81/155, measuring 300 sq. yards (6 biswa) situated at village Bakoli, Delhi, hereinafter referred to as “the suit property” for a consideration of Rs.6,06,300/-. The plaintiff paid the earnest money of Rs.1 lakh to the defendants and the balance amount of Rs.5,06,300/- was agreed to be paid on or before 28th July, 2004 at the time of execution and registration of relevant documents in favour of the plaintiff. Relevant portion of the agreement is reproduced hereunder: -

“NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That the entire consideration amount of the said property with the lease hold






































































































































































































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