NEENA BANSAL KRISHNA
Suresh Shah – Appellant
Versus
Sarita Gupta – Respondent
JUDGMENT
Neena Bansal Krishna, J. - A suit for Specific Performance of Agreement to Sell dated 20.05.2008 and Permanent Injunction, has been filed by the plaintiffs.
2. The plaintiffs entered into an Agreement to Sell dated 20.05.2008 for the purchase of property bearing No.E-1091, Saraswati Vihar, New Delhi with land underneath admeasuring 156 sq. mts. and superstructure standing thereon (hereinafter referred to as "suit property"), with defendant No.1, represented herself to be the exclusive owner and in possession of the suit property. Defendant No.2 Mrs. Sushila Shah is the wife of plaintiff No.1.
3. The total sale consideration was agreed to be Rs. 4,00,00,000/-(Rupees Four Crores) out of which the plaintiffs paid Rs. 2,00,00,000/-(Rupees Two Crores) in cash to defendant No.1 for which a receipt was duly issued.
4. According to the terms of the Agreement to Sell, the balance of Rs. 2,00,00,000/- (Rupees Two Crores) was to be paid upon execution of the Sale Deed post conversion of suit property from leasehold to freehold. The plaintiffs reserved the prerogative to decide the name of the person in whose favour the transfer of the rights, title and interest in the suit property was t
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