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2015 Supreme(P&H) 949

RITU BAHRI
Ansal Properties & Industries Pvt. Ltd. – Appellant
Versus
Shashi Bhushan – Respondent


For the Appellant :Amir Singh Pasrich and Manav Shukla, Advocates
For the Respondents:M.L. Sarin, Senior Advocate and Nitin Sarin, Advocate

Ritu Bahri, J.:-

1. This judgment shall dispose of RSA Nos. 3049 of 2013, 3171 of 2013 and 4846 of 2013 as common questions of law and facts are involved in all the appeals being arisen out of same judgment. For reference, facts are being taken from RSA No. 3049 of 2013.

2. M/s. Ansal Properties and Industries Pvt. Ltd.-appellant has come up in regular second appeal against the judgment and decree dated 16.04.2013 passed by the Additional District Judge, Gurgaon, whereby suit filed by plaintiff-Shashi Bhushan (respondent N.1) for specific performance of a contract dated 08.07.1985 (Annexure P-1) has been decreed and the defendants have been directed to deliver vacant possession of 8 plots in favour of the plaintiff after removing the structure, if any, raised upon the said plots at their own costs and expenses.

3. The trial Court vide judgment and decree dated 06.11.2004 had dismissed the suit of the plaintiff for specific performance of the contract dated 08.07.1985. It was held that he was not entitled to decree for recovery of Rs. 7,73,884/-. However, the plaintiff was held entitled to decree for damages of Rs. 15,55,244/- with costs and interest at the rate of 10% per annum. Pursu
























































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