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2018 Supreme(Del) 3166

VALMIKI J.MEHTA
Jitender Kumar – Appellant
Versus
Vijender Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. B.S. Mathur, Mr. Rajat Mathur and Mr. Divyank Tyagi, Advocates.
For the Respondents:Mr. Tarun Diwan, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the trial court dated 28.05.2014 by which the trial court has decreed the suit for specific performance filed by the respondent/plaintiff and has ordered the appellant/defendant to specifically perform the Agreement dated 19.02.2004 and execute the sale deed in favour of the respondent/plaintiff with respect to one fourth share out of land bearing no. Lal Dora Hakdar No.1031 to 1086 out of Khasra Nos. 108/451(0-06), 323 (0-06), 106/94 (1-06), 95 (1-08), 93 (2-02), land situated in extended Lal Dora and agricultural land out of Khasra No. 86/9 min (2-10), situated in the Revenue Estate of Village Khera Kalan, Delhi.

2. The appellant/defendant has been directed to execute the sale deed after taking the necessary permissions from the requisite competent authorities on the respondent/plaintiff paying the balance sale consideration of Rs. 10,50,000/-.

3. The facts of the case are that the parties entered into an Agreement to Sell dated 19.02.2004 whereby the appellant/defendant agreed to sell his one fourth s



























































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