LAWS(DLH)-2010-12-232

NILIMA GHOSH Vs. HARJEET KAUR

Decided On December 21, 2010
NILIMA GHOSH Appellant
V/S
HARJEET KAUR Respondents

JUDGEMENT

(1.) The bone of contention between the parties to the appeal is a property at D-713 Chitranjan Park New Delhi.

(2.) It all started in the year 1988 with respondent No.1 before me filing a suit for specific performance against the appellant and three others initially in this Court which was later transferred to the Court of an Additional District Judge after the pecuniary jurisdiction of the High Court was enhanced. Basing her case on two agreements property to her for a total consideration of '200000/- and that even after having received the full sale consideration she refused to execute the sale deed in her favour.

(3.) The learned Additional District Judge who heard the suit vide judgment dated February 12 1999 held in favour of respondent No.1 and consequently passed a decree against the appellant for specific performance of the agreement dated September 07 1987 with a direction to the appellant to put respondent No.1 into possession of the property in dispute. The appellant was also directed to file applications/papers seeking necessary permission/No Objection from the concerned authorities within a month and after getting such permission/No Objection was further directed to execute the sale deed of the property in question in favour of respondent No.1 within a month failing which respondent No.1 was granted the liberty to get the sale deed executed through the machinery of the Court. As against the other three the suit was dismissed.