MOHINDER KUMAR GUPTA Vs. SH. KULDEEP SINGH

JUDGEMENT

(1.) By this judgment and order we propose to dispose of two appeals arising out of a common judgment and order passed in EA Nos.110-111/1991 in Ex. No.164/1990 decided on 1st February, 2002.

(2.) Nand Lal was the perpetual lessee of the Land and Development Officer (L&DO) in property bearing No.9, Sunder Nagar, New Delhi (the suit property). When he passed away, he left behind as his heirs Banarsi Dass, Dhanpat Rai, Din Dayal and Gaindo Devi (widow of a pre-deceased son Paras Ram). Each had a 1/4th share in the suit property. Din Dayal passed away later leaving behind his widow Sushila Devi, son Mohinder Kumar Gupta, son Surinder Dayal, son Narinder dayal and daughter Vijay Lakshmi. The legal heirs of Din Dayal had 1/20th share each in the suit property.

(3.) The eight heirs of Nand Lal (compendiously called the Judgment Debtors) entered into an agreement to sell the suit property with Kuldeep Singh on 29/30th July, 1980. In terms of the agreement, Kuldeep Singh was to pay to the Judgment Debtors a total sum of Rs.14 lakhs as the sale consideration. He paid to them an amount of Rs.1,40,000/- against a receipt dated 30th July, 1980. Admittedly, possession of one garage in the suit property was handed over to Kuldeep Singh when the agreement to sell was executed. The balance amount of Rs.12,60,000/- was to be paid by Kuldeep Singh on the execution and registration of the sale deed and delivery of possession of the suit property. The agreement to sell was not signed by Rajinder Kumar the Appellant in EFA (OS) No.4/2002 and said to be the minor son of Din Dayal. There is no dispute about this fact, but it is disputed by Kuldeep Singh that Rajinder Kumar is the son of Din Dayal.