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2019 Supreme(Del) 72

RAJIV SAHAI ENDLAW
Devender Kumar – Appellant
Versus
Brijesh – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Ravinder Narwal, Adv.
For the Defendants : Mr. Sanjay Verma, Mr. Nitesh Kumar Singh, Ms. Savita, Ms. Neha, Advs.

JUDGMENT :

1. The plaintiff has instituted this suit for recovery of Rs.4,80,40,000/- pleading, (i) that the defendant no.1 represented himself to be the owner of land comprised in Khasra no.78/15 (2-15), 78/16 (1-2), 77/11/1 (2-8), 17 (4-16), 18 (4-16), 19 (4-16) and 20 (4-16) situated in the Revenue Estate of Village Bakhtawapur, Delhi–110 036 and vide two Agreements to Sell both dated 10th March, 2011, one with respect to 3 bigha 17 biswas of land comprised in Khasra No.78/15 (2-15) and 78/16 (1-2) and the second with respect to 21 bigha 12 biswas of land comprised in Khasra No.77/11/1 (2-8), 17 (4-16), 18 (4-16), 19 (4-16), 20 (4-16) of Village Bakhtawarpur, Delhi, aforesaid agreed to sell the said land to the plaintiff for a consideration of Rs.20,00,000/- and Rs.30,00,000/- respectively and the plaintiff, at the time of execution of the Agreements to Sell, paid advance sale consideration of Rs.2,00,000/- and Rs.3,00,000/- respectively to the defendant no.1; (ii) that while the two Agreements dated “11th March, 2011” were alive and enforceable, the defendant no.1 offered to the plaintiff that in case the plaintiff does not enforce the Agreements and gives up his rights under th







































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