IQBAL PROPERTIES PVT. LTD Vs. ATAR SINGH

JUDGEMENT

(1.) The present suit is filed by the first Plaintiff (a company duly registeredunder the companies act, 1956 under the name of M/S Iqbal Properties Pvt. Ltd.)through its director Sh. Kiranjit Singh, the second Defendant herein, having theirregistered office at A-13, Neeti Bagh, New Delhi. The Plaintiffs seek specificperformance specific performance of the agreement to sell dated 10.01.2006 andgrant of permanent injunction to restrain the Defendants from selling the land toothers; or in case the decree of specific performance may not or cannot be grantedthen in alternative, decree of recovery of damages to the extent of 60,12,500/-

(2.) The first Plaintiff contends that the Defendants are joint owners of the immovable property/agricultural land admeasuring 23 bighas and 8 biswas in khasra No. 49 (0-14), 50(4-0), 75(0-5), 76(0-17), 77(0-17), 78(2-10), 80(4-16), 81(4-16), 298/81(0-14) situated in the revenue estate of Village Ghitorni, Tehsil Vasant vihar, New Delhi (hereafter "the suit properties") having succeeded to them from their ancestor under the Hindu Succession Act, 1956. The suit also contends that the Defendants approached the Plaintiff in the first week of January, 2006 offering to sell the suit property. The first Defendant stated that he was acting for himself and under the authority of all the remaining Defendants for selling the above mentioned land. The Defendants' offer to purchase the suit property was accepted by the Plaintiffs.

(3.) The Plaintiffs contend that thereafter an agreement to sell, dated 10.01.2006 was executed between the parties in respect of the suit land. The first Defendant acted on behalf of the other remaining Defendants. It was specifically stated in the agreement to sell that the first Defendant and his entire family were selling the entire land measuring 23 bighas and 8 biswas at the rate of 1,85,00,000/- per kila.