JUDGMENT

Rajiv Sahai Endlaw, J. - The plaintiff, on 19th January, 2019 instituted (re-filed on 30th January, 2019 and 1st February, 2019) this suit against Mohd. Yunus and M.N. Buildcon Pvt. Ltd. (MNBPL), for specific performance of an Agreement to Sell the property bearing No.15, Jaipur Estate, Nizamuddin East, New Delhi, pleading that (i) Mohd. Yunus and MNBPL were the joint owners of the property; (ii) the plaintiff and the defendants have been personally known to each other for a long time; (iii) Mohd. Yunus and MNBPL represented to the plaintiff that they were intending to sell the property; (iv) the plaintiff enquired from Mohd. Yunus and MNBPL regarding any pending litigations / disputes with respect to the said property and to which Shailender Nigam, Director of MNBPL replied that due to the active role and intervention of Mohd. Yunus, all pending disputes / litigations relating to the property had been sorted out and the property was free from any encumbrances and that Mohd. Yunus and MNBPL jointly owned the property; (v) the plaintiff enquired from Mohd. Yunus and MNBPL the price of the property and after negotiations, the parties agreed to fix a sale price of Rs.16 crores