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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD
Gopal Krishan Srivastava – Appellant
Versus
Lakras Infracon Pvt. Ltd. – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
I.A. 43315/2024
1. This Application under Order XII Rule 6 of the CPC has been filed by the Defendants, seeking a decree for dismissing the Suit filed by the Plaintiff.
2. The present Suit has been filed with the following prayers:
“a. Pass a decree in favour of the plaintiff and against the defendants jointly and severally directing the defendants to deliver up the documents like Agreement to Sell dated 12.07.2010, General Power of Attorney dated 12.07.2010, Special Power of Attorney dated 12.07.2010, Will dated 12.07.2010, and any other in the nature of agreement, attorney, possession letter or receipt etc. and consequently declare the said documents sham, void undisclosed deed/document and in-operative in the eyes of law and/or cancel the said documents and strike the registered documents from the records of Sub-Registrar-IX at Kapashera, New Delhi, details of which are as under:
Agreement to Sell Registration No. 9061 in AB No. 1, Vol. No. 5447 on pages no. 110-119 on 12.07.2010 General Power of Registration No. 2711 in AB Attorney No. IV, Vol. No. 1457 on pages no. 60-64 on 12.07.2010 Special Power of Registration No. 4449 in AB Attorney No. III, Vo
The court affirmed that oral evidence contradicting written agreements is inadmissible, and the Plaintiff’s Suit was barred by limitation due to the absence of supporting evidence for claimed oral ag....
A Sale Agreement deemed sham when proven to be only for securing a loan, allowing recovery of funds over specific performance.
The doctrine of non est factum applies when an illiterate person executes a document without understanding its nature, rendering the document void. Section 92 Proviso 1 allows evidence to show a cont....
A registered Sale Deed is conclusive and supersedes prior agreements unless fraud is specifically pleaded with particulars; allegations without detail are inadequate to support a claim.
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
The court affirmed the permissible proof of oral agreements invalidating written deeds under specific provisions of evidence law.
The main legal point established in the judgment is the requirement of proving the genuineness of the agreement for sale, the payment of consideration, and the plaintiff's readiness and willingness a....
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