PRATHIBA M. SINGH
Vateena Begum – Appellant
Versus
Shamim Zafar – Respondent
JUDGMENT :
1. This judgment has been pronounced through video conferencing.
2. The present appeal challenges the impugned order dated 13th August, 2020, by which the Executing Court has rejected the objections filed by the Appellant under Order XXI Rule 97 and 101 CPC. The case of the Appellant is that she had purchased the property bearing no. S-18/18, Jogabai Extension, Near Mumtaz Masjid, Jamia Nagar, Okhla, New Delhi-110025 (hereinafter, “suit property”) on 21st June, 2012, by way of General Power of Attorney, Agreement to Sell and Purchase, Affidavit, Will, Possession letter and Receipt of Money for a consideration of Rs.9,00,000/-. The said documents were executed by Mr. Dilawar Hussain Malik on 2nd July, 2012.
3. On the other hand, the case of the Respondents/Decree holders is that they had purchased the property from Mr. Dilawar Hussain Malik and his wife Ms. Nazma Malik vide documents dated 2nd July 2012. They had executed an Agreement to Sell and Receipt. The agreed consideration was Rs. 6,00,000/- for the said property, out of which Rs. 3,00,000/- was paid to the seller. The Respondents filed a suit for specific performance and the Defendants i.e., Mrs. and Mr. Malik, remai
Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal & Anr. [(1997) 3 SCC 694]
Maya Devi v. Lalta prasad [AIR 2014 SC 1356]
Noorduddin v. Dr. K.L. Anand [(1995) 1 SCC 242]
Shreenath & Anr. v. Rajesh & Ors. [AIR 1998 SC 1827]
Suraj Lamps and Industries v. State of Haryana [183 (2011) DLT 1 (SC)]
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