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1976 Supreme(Online)(Del) 6

DELHI HIGH COURT
T.P.S. Chawla, J
Ex-Servicemen Enterprises (P.) Ltd M/s. v. Sumey Singh


Table of Content
1. plaintiff sought specific performance for land sale. (Para 2 , 3 , 4 , 5)
2. defendant raised technical objections. (Para 6 , 7 , 12 , 17 , 22)
3. amendment for possession was allowed. (Para 10 , 14 , 19)
4. court emphasized necessity of possession in performance. (Para 15 , 18 , 25)
5. court decreed possession along with performance. (Para 27 , 29 , 30)

1. This judgment is by way of postscript.

2. On January 18, 1971, the plaintiff brought a suit for specific performance against the defendant. Specific performance was sought in respect of agricultural land measuring 48 bighas and 10 biswas owned by the defendant in village Khampur, Sub-Tehsil Mehrauli. The defendant had agreed to sell the land to the plaintiff. As he did not convey the property the plaintiff brought the suit.

3. On November 1, 1973, before T.P.S. Chawla J. the parties reached a compromise. The terms were reduced to writing. The suit was decreed in terms of the compromise.

4. The term of the compromise was that the plaintiff will pay Rs. 50,000 over the original agreed price of Rupees 66,100 which he had already paid to the defendant. The total consideration for the sale of the property was therefore a

































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