RAJIV SHAKDHER
Subhash Aggarwal – Appellant
Versus
Mahender Pal Chabra – Respondent
JUDGMENT
Rajiv Shakdher, J. - Preface: -
1. Via the instant action, the plaintiff, essentially, is seeking a judgement and decree of specific performance qua an immovable property located at C20, Ashok Vihar, Phase-I, Delhi - 110052 [hereafter referred to as, "suit property"].
1.1. The suit property ad-measures 300 sq. yds. The defendants have a leasehold interest in the suit property; the lessor being the Delhi Development Authority [in short 'DDA'].
1.2. The plaintiff has also sought alternate reliefs. First, that the earnest money is returned in terms of Clause 12 of the Agreement to Sell dated 22.01.2008 [hereafter referred to as, "ATS"]. In terms of this clause, the plaintiff has sought the return of twice the amount paid as earnest money i.e. Rs. 1,20,00,000/- (2 x Rs.60,00,000). Second, Rs. 30,00,000/- paid towards sale consideration be returned. Lastly, for issuance of direction for payment of interest on the abovementioned amounts at the rate of 18% per annum from the date the said amounts were paid to the defendants till the date of refund to the plaintiff.
1.3. The defendants h
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