JUDGMENT :

[Mini Pushkarna, J.]

I.A. 15577/2019 (Application under Order 12 RULE 6 CPC on behalf of defendant no. 1 for dismissal of the suit)

1. The present application under Order 12 Rule 6 of The Code of Civil Procedure, 1908 (in short ‘CPC’) has been filed on behalf of defendant No. 1 for dismissal of the present suit, seeking a judgment on admission, in view of provisions of Sections 3 and 4 of The Prohibition of Benami Property Transactions Act, 1988 (Benami Act) read with Section 16 of The Specific Relief Act, 1963.

2. The present suit is for specific performance of Agreement to Sell dated 06.02.2017 and Supplementary Agreement dated 15.05.2017 in respect of a double storey built up property bearing No. 5878, built on plot No. 19-B in Block UA, measuring 183.3 sq. Yards situated in the layout plan of Northern City Extension, Scheme No. 1, Sabzi Mandi, presently known as Jawahar Nagar, Malka Ganj Road, Delhi – 110009 (suit property). By way of the aforesaid Agreement to Sell, predecessor-in-interest of defendants agreed for sale of the suit property to the plaintiff for sale consideration of Rs.10 crores. At the time of execution of the Agreement to Sell, plaintiff had paid an