NIRMAL KHANNA Vs. JHUTHAR

JUDGEMENT

(1.) THE present suit was filed by the plaintiff for specific performance of the agreement to sell dated 19.2.1992 with respect to one acre of land situated in Khasra Nos.34/24 and 34/25 in Village Kapashera, Tehsil Mehrauli, New Delhi. Alternative relief of recovery of damages was also prayed for in the suit.

(2.) LEARNED counsel for the plaintiff very fairly confines his relief in the suit for recovery of the amount of Rs.13 lakhs already paid by the plaintiff to the erstwhile defendant and who is now represented by his legal heirs.

(3.) THE defendant appeared in the suit, issues were framed, evidence was led by both the parties and whereafter the case was listed in the category of finals. Suit was dismissed in default on 7.7.2005, but, was restored vide order dated 16.3.2012 after notices were duly served upon the legal heirs of the defendant, who, however failed to appear.