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2019 Supreme(Del) 1068

J.R.MIDHA
OM PRAKASH AGGARWAL – Appellant
Versus
RAJ KUMAR MITTAL – Respondent


Advocates Appeared:
Neeraj Yadav, Adv., Davesh Bhatia, Adv., Shiv Charan Garg, Adv., R.K. Kashyap, Adv., Imran Khan, Adv.

JUDGMENT :

J.R. Midha, J.

The plaintiff has instituted this suit for specific performance of the agreement dated 16th March, 2010 in respect of property bearing No. E-166, Ashok Vihar Phase-I, Delhi-110052, hereinafter referred to as "the suit property".

2. On 16th March, 2010, the plaintiff entered into an agreement (Ex.P-1) with the defendant to purchase the suit property for a total consideration of Rs.8,60,00,000/-. The plaintiff paid earnest money of Rs.10,00,000/- to the defendant at the time of the agreement and agreed to pay the balance sale consideration on or before 30th September, 2010. Relevant portion of the agreement dated 16th March, 2010 is reproduced hereunder:

"2. That said property with its vacant possession has been agreed to be sold to the said purchase or his/their nominee's at the total consideration of Rs.8,60,00,000/- (Rupees Eight Crore Sixty lacs only).

3. The balance of amount of Rs.8,50,00,000/- (Rupees Eight Crore Fifty lacs only) is to be paid by the purchaser/transferee nominee within a period of 200 days i.e. on or before 30/9/10 from the date of this receipt or on the execution of relevant documents in the competent court in the name of the above said















































































































































































































































































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