GULSHAN KUMAR ARORA Vs. ASHWANI SHUKLA

JUDGEMENT

(1.) By this order I propose of dispose of the present two applications, viz. under Order XXXIX, Rule 2A CPC filed by the plaintiff and under Order 1, Rule 10 CPC filed by applicant, Sikander Pal. The plaintiff filed the present suit, seeking relief of a decree of specific performance dated 4 th May, 2004 and 29 th July, 2004 between the plaintiff and defendant No. 1 & 2 for sale of the terrace rights above the ground floor of the property bearing No. B-4/195, Safdarjang Enclave, New Delhi (herein after referred to as the suit property).

(2.) The plaintiff is the purchaser of the entire terrace rights above the ground floor of the suit property from defendant No. 1 (Sh. Ashwani Shukla) to an extent of 50% in the undivided share in terrace rights and for remaining 50% undivided share of the remaining 50% upon a joint understanding. Upon request of the defendants two separate agreements titled Advance Receipt Cum Agreement to Sell and Purchase was entered into on 4 th May, 2004. These two agreements are jointly referred to as "sale agreements".

(3.) It is stated in the plaint that a perpetual lease deed was executed with respect of the suit property admeasuring about 200 sq yards in favour of Shri Harikrishan Hans Raj Sharma and he constructed a ground floor portion. After his death, he was succeeded by his wife, defendant No. 3 as his legal heir. Mutation was done vide letter No. F.4(3)71-L.A.B. dated 29 th March, 1988 and defendant No. 3 became the sole owner of the said property.