D.K. GUPTA Vs. RAVINDER KISHORE SINHA

JUDGEMENT

(1.) THIS is a suit for recovery of declaration and recovery of Rs.25 lacs.

(2.) THE case of the plaintiff is that he had entered into an agreement dated 15.11.2005 with respect to purchase of second and third floor built upon plot No. 1, Block No. E of East of Kailash, New Delhi from the defendant along with the proportionate share in the garage block including servant quarters for a total sale consideration of Rs.2.25 crores.

(3.) THE defendant later informed the plaintiff that since the owner of the property was not performing her part of the contract with him, he had filed a civil suit against her and till the adjudication in his favour, no sale deed could be executed in favour of the plaintiff. The suit filed by the defendant was dismissed by the Court holding that he never had any right qua the second and third floor of the property under the agreement dated 31.3.2005 which he had with the owner of the property. The appeal filed by the defendant against that order was also dismissed by the Division Bench of this Court.