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2019 Supreme(Del) 290

RAJIV SAHAI ENDLAW
Mohan Buildmart Pvt. Ltd. – Appellant
Versus
Hitesh Kumar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Asit Tewari & Mr. Virender Rana, Advs.
For the Respondents: Mr. S.N. Gupta, Adv.

JUDGMENT :

1. None appeared for the defendant despite pass over.

2. The plaintiff has instituted this suit for recovery of Rs.5,41,27,154/- with pendente lite and future interest, claiming that (i) the defendant vide Agreement to Sell dated 17th April, 2013, as amended on 19th April, 2013, had agreed to sell his 1/3rd share admeasuring 27 Bighas 19 Biswas in Khatta No.44/46, Killa No.4/22(4-8), 23(4-16), 24(4-16), 25/1(2-8), 20/20/2(2-13), 21/1(2-3), 21/21/24(4-1), 25/2(4-2), 28(0-4), 24/3(4-12), 4(4-16), 7(4-16), 8(4-16), 13(4-16), 18/1(1-10), 24/18/2/1(2-16), 27(0-4), 102(11-1), 172(1-15) total ad-measuring 83 Bighas 18 Biswas in village Khera Dabar, Najafgarh, Delhi; (ii) the plaintiff in pursuance to the aforesaid Agreement to Sell paid advance consideration of Rs.4,15,56,354/- to the defendant out of the total agreed sale consideration informed to be of Rs.21,55,63,540/-; (iii) the defendant however avoided to take steps for getting No Objection Certificate (NOC) from the Competent Authority and/or for complying with the other formalities necessary for execution of the Sale Deed; (iv) the plaintiff had got issued a letter dated 11th January, 2014 to the defendant calling upon th
























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