JAYANT GHADIA Vs. RAJ KUMAR

JUDGEMENT

(1.) For the decision in these IAs 11343/00 and 8693/00, certain background facts about the suit are required To be stated.

(2.) This suit for specific pert o r m a nce and permanent injunction has been filed in respect of the property No. W-- 137, Greater Kailash-II, New Delhi being residential property measuring 400 sq., y ar d s ., The case of the plaintiff is that. a receipt-cum-agreement to sell dated 4-12-99 had been executed for total, sale consideration of Rs-30 lakhs, out. of which Rs 1 lakhs was paid on the same day, half in cash and the other half t hrough cheque bearing No.161362 dated 4-12-99 drawn non State Bank of Hyderabad, Kailash Colony, New) Delhi.

(3.) According to the plaintiff, the main covenants agreed by and between the parties are as under:-