SHAILENDRA NATH ENDLAY Vs. KULDIP GANDOTRA

JUDGEMENT

(1.) The present Appeal is instituted against the judgment and decree dated 4 th July, 2006 passed by the learned Single Judge in CS(OS) No.901/2004, whereby the suit for specific performance of the agreement to sell dated 31 st March, 2004 (hereinafter the said agreement to sell?) in respect of flat bearing No.C-9/9551, Vasant Kunj, New Delhi-110070 (hereinafter the said flat?), was decreed in favour of the Respondent and against the Appellants.

(2.) The facts as are necessary for disposal of the present Appeal are as follows:

(3.) During the pendency of the present Appeal, the Appellants were directed to hand over possession of the demised premises to the Respondent and the latter was permitted to retain possession thereof as a Receiver of this Court to abide by any decision that may be passed at the final determination of the Appeal. The Respondent was also directed to be liable to pay the Society dues and electricity and water charges as well as House Tax. In an Appeal against the said order dated 8 th September, 2010, the Hon?ble Supreme Court was pleased to pass the following orders:-