* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 13^th January, 2026 Pronounced on: 09^th April, 2026 + RFA 636/2024, CM APPL. 55728/2024 (Stay)

RAM NIWAS S / o Late Sh. Rattan Lal R/ o VPO Badusarai, New Delhi.

.....Appellant Through: Mr. G.S. Sharma and Mr. V.K.

Sharma, Advocates versus M/S PIENNE INDUSTRIAL CONSULANTS PVT. LTD.

226, 2^nd Floor, Vardhman Plus Citi Mall, LSC, Sector-23, Dwarka, New Delhi-110075 .....Respondent Through: Mr. Abhilash Vashisht and Mr. Neeraj, Advocates CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular First Appeal under Section 96 read with Order XLI Rule 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) has been filed on behalf of the Appellant/Defendant, to challenge the Judgment and Decree dated 08.04.2024, whereby the Suit of the Plaintiff/Respondent for Specific Performance has been decreed and the Appellant/Defendant has been directed to execute the Sale Deed in favour of the Plaintiff/Respondent and also restrain from creating third party interest in the Suit Property.

2. The Plaintiff/Respondent- M/s Pienne Industrial Consultants Pvt.

Ltd. filed a Suit for Specific Performance and Permanent Injunction.

3. The facts in brief are that Plaintiff entered into an Agreement to Sell dated 19.09.2012 in respect of 1/4^th share of Defendant- Ram Niwas in the land admeasuring 14 Bigha 19 Biswas comprised in Mustatil No. 8, Killa No. 20 West (4-13), Mustatil No. 11, Killa No. 1 (1-12), Mustatil No. 12, Killa No. 25 (3-04), Mustatil No. 19, Killa No. 5 (1-16), Mustatil No. 20, Killa No. 1 (0-11), Mustatil No. 21, Killa No. 4 East (1-04), 5 (1-19), situated in the Revenue Estate of Village Badu Sarai, Tehsil Najafgarh, (Palam), District South West, New Delhi (hereinafter referred to as the “Suit Property”).

4. The Plaintiff had explained that the lands of Village Badu Sarai had been a subject matter of consolidation proceedings during which, vide Resolution Number 62 dated 31.01.2015 changes were carried out in the land holdings of the Defendant and as such, in place of land bearing Khasra Nos. 9/15 (0-06), 16 (0-11) and 8/20 (0-07) and land bearing Khasra No.

20/(0-09), 21/4 (0-04) and 21/5 (0-11) were added into the khata of the Defendant.

5. Because of the aforesaid changes, the current holding of the Defendant in the Suit Property in the year 2012, is in the land admeasuring 14 Bigha 19 Biswas comprised in Mustatil No. 8, Killa No. 20 West (4-13), Mustatil No. 11, Killa No. 1 (1-12), Mustatil No. 12, Killa No. 25 (3-04), Mustatil No. 19, Killa No. 5 (1-16), Mustatil No. 20, Killa No. 1 (0-11), Mustatil No. 21, Killa No. 4 East (1-04), 5 (1-19), situated in the Revenue Estate of Village Badu Sarai, Tehsil Najafgarh, (Palam), District South West, New Delhi, (hereinafter referred to as suit property).

6. The Plaintiff/Respondent entered into the Agreement to Sell dated 25.07.2012, to purchase the 1/4^th undivided share of Defendant/Appellant-

Ram Niwas, for a total sale consideration of Rs.77,86,500/-

7. The Plaintiff paid Rs.7.75 lakhs as part sale consideration, out of which a sum of Rs.1 lakh was paid in cash, while the remaining sum of Rs.6.75 lakhs was paid through cheque bearing no. 047337 dated 25.07.2012 drawn on ICICI Bank, Kailash Colony, New Delhi. The payment was duly acknowledged by the Appellant/Defendant by way of a separate receipt. The remaining amount of Rs.70,11,500/-, out of the total sale consideration was to be paid to the Defendant on 19.09.2012 out of which Rs.69,25,000/- was paid vide cheque bearing no. 047354 dated 19.09.2012 and the balance of Rs.86,500/- was paid in cash.

8. The Defendant executed a fresh Agreement to Sell dated 19.09.2012 recording the full payment of sale consideration. He also executed SPA in favor of Vidhu Sharma, i.e., the signatory of plaint, GPA dated 19.09.2012 in favor of Vidhu Sharma, Indemnity Bond, Affidavit and a Will in favor of Sh. Prem Raj Sharma, who was one of the Directo