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DELHI HIGH COURT
VALMIKI J. MEHTA, J
A.K. NARULA – Appellant
Versus
SH. IQBAL AHMED AND ORS. – Respondent
| Table of Content |
|---|
| 1. plaintiff's claims regarding specific performance and breach of contract. (Para 1 , 2 , 3) |
| 2. court's examination of contractual breach and legislative provisions around specific performance. (Para 4 , 5 , 6) |
| 3. discussion on the necessity of substantial consideration for specific performance. (Para 7 , 8) |
| 4. final ruling, addressing damages and appeal for specific performance. (Para 9 , 10 , 11) |
VALMIKI J. MEHTA, J (ORAL)
1. This old suit is of the year 1998. Already this suit was once dismissed in default on 21.11.2011, and thereafter it was restored on 28.2.2012. Subsequently, on 1.5.2012, no one appeared for the parties and in the interest of justice, the case was re-notified. Today, although it is 1.00 P.M. no one appears for the parties. I have therefore perused the record and am proceeding to pass a judgment in this case.
2. The subject suit is a suit for specific performance of an agreement to sell dated 7.10.1997. The agreement to sell was with respect to five plots bearing Nos.H-3 to H-7 situated at Nilothi village (total area measuring 1000 sq. yds) falling in khasra No.16/6, Delhi. The total price agreed to be paid under the agreement to sell was Rs. 20.5 l
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