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2019 Supreme(Raj) 540

SANJEEV PRAKASH SHARMA
Ajaymeru Housing Development Pvt. Ltd. – Appellant
Versus
Vrindavandham Buildev (India) Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nikhil Simlote, Adv., Mr. Hitesh Mishra, Adv.
For the Respondent: Mr. KK Sharma, Sr. Adv. assisted by Ms. Alankrita Sharma, Adv., Mr. Sunil Mathur, Adv., Mr. N.A.Naqvi, Sr. Adv. assisted by Mr. Mukesh Kumar Meena, Adv.

ORDER :

1. The petitioner has assailed the order dated 22.10.2018 passed by the Rajasthan Tax Board in Civil Revision No.487/2018 whereby the revision has been allowed and the order dated 16.04.2018 passed by the Collector (Stamps) has been set aside.

2. Brief facts which required to be noted for consideration of the case are that on 2.7.2003 an agreement was executed between the petitioner-M/s. Ajaymeru Housing Development Pvt. Ltd. Company engaged in housing with one Rajendra Prasad Yadav, respondent No.2 of the present petition. Firm purchased agriculture lands owned by him at Village Lavana, Tehsil Amer Distt. Jaipur ad-measuring 1,18,275 Sq. Yards. As per clause 2 therein the payment was to be paid by the petitioner within three years whereafter the respondent seller would allow the petitioner to make demarcation on the said land. Before completion of the three years period, respondent No.2 further sold the land by registered sale deed to one M/s. Vrindavandham Buildev (India) Pvt. Ltd.-respondent No.1 on 24.06.2006.

3. Petitioner thereafter filed a suit for specific performance and mandatory injunction for declaration of sale deed executed in favour of respondent No.1 as null an

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