AJIT PAL SINGH Vs. SHASHI KAURA

JUDGEMENT

(1.) THE plaintiff has filed the aforesaid suit against the defendants seeking Specific Performance of Agreement to Sell dated 7th February, 2010 executed by defendant Nos.1 and 2 in respect of part of property No.A-72, New Friends Colony, New Delhi (excluding First Floor) for a total consideration of Rs.7,31,00,000/- (Rupees Seven Crores Thirty One Lac Only) out of which Rs.50,00,000/- was paid by the plaintiff and the balance consideration of Rs.6,81,00,000/- (Rupees Six Crores Eighty One Lac Only) was to be paid within sixty (60) days i.e. on or before 7 th April, 2010, in terms of Clause No.11 of the said Agreement to Sell.

(2.) THE suit was filed against four defendants. Defendant Nos.1 and 2 are sisters. Defendant No.3 is brother of defendant Nos.1 and 2. Defendant No.4 is the wife of defendant No.3.

(3.) AS per the case of plaintiff, mother transferred her rights in the first floor only of the property without any rights in the roof above the first floor or floors above the same in favour of defendant nos.3 and 4 in the year 1996 and she executed agreement to sell dated 16th October, 1996, registered power of dated 16th October, 1996, receipt and also attorney also registered Will only with respect to first floor of the property with right to construct the open area on the first floor excluding garage block and remaining property. The Will was only with respect to first floor only and therefore, remaining property stood bequeathed to defendant Nos.1 and 2 vide registered Will dated 8th September, 1986 and there was no change in the same.