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2018 Supreme(Del) 2383

PRATHIBA M.SINGH
Hans Kumar Gupta – Appellant
Versus
Lal Chand – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Vidit Gupta
For the Defendants : Mr. C.S. Bhandari, Mr. Abhishek Kumar

JUDGMENT :

Prathiba M. Singh, J.

I.A. 24025/2015 (u/O XII Rule 6 CPC) in CS (OS) 3844/2014

1. The present application has been filed by the Plaintiff seeking a decree on admissions. The Plaintiff relies on admissions by the Defendants that they have received a sum of Rs.2.40 crores as earnest money, along with Rs.13 Lakhs, which the Plaintiff incurred as expenses and charges deposited to the DDA.

2. The brief background of the present suit is that the Plaintiff and Defendants Nos.1 to 3 entered into an agreement to sell dated 1st January, 2012 by which the Defendants agreed to sell to the Plaintiff, property bearing No.C-92, Surajmal Vihar, Delhi-110092 (‘suit property’). The salient terms and conditions of the said agreement are as under:-

“AND WHEREAS the First party has agreed to sell, transfer and convey his rights, title, interest and liens in the said property in the land there-under, unto the Second Party for a total consideration of Rupees 10,72,00,000/- (Rupees Ten Crore Seventy Two lakhs Only) AND WHEREAS the second Party has agreed to purchase acquire and possess the said property from the First Party free from all encumbrances on the following agreed terms and conditions of










































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