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2019 Supreme(Del) 2541

SANJEEV NARULA
Devenderjeet Singh Sethi – Appellant
Versus
Om Prakash Arora – Respondent


Advocates Appeared:
For the Appellant :Arun Vohra, Dilip Kumar and Shrishti Badhwar, Advocates
For the Respondents:Sudhir Nandrajog, Senior Advocate, Tarun Diwan, Darshika Tawani and Udaibir Singh, Advocates

JUDGMENT :

Sanjeev Narula, J.

1. The Plaintiff has filed the present suit for Specific Performance and implementation of the Receipt cum Agreement dated 5th March 2010 in respect of property bearing No. 7/13 Roop Nagar, Delhi, 110007 admeasuring about 515 square yards (hereinafter the "suit property").

2. The case of the Plaintiff as stated in the plaint is that, Plaintiff was searching for some residential property in Roop Nagar area, Delhi and he was informed about the suit property by Property dealers-Shri Gagan Makkar and Shri Harmeet Singh (hereinafter 'the brokers'). On 21st February 2010, the Plaintiff together with the brokers visited the above said suit property. During the meeting, he was informed that the suit property was jointly owned by Defendant Nos. 1 and 2 and also by Defendant No. 3, who although was not residing in India, but had given his consent to Defendant Nos. 1 and 2 for negotiating and finalization of the sale of the suit property. Plaintiff was shown copies of the title papers of the suit property. On perusal of the same, it transpired that the suit property was originally purchased by Late Shri Jeevan Dass, who is the erstwhile recorded owner of the suit pr

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