UPMA KHANNA Vs. TARUN SAWHNEY

JUDGEMENT

(1.) RESPONDENT No.1, Tarun Sawhney, sought specific performance of two agreements to sell both dated September 16, 2009, whereunder he paid `90,00,000/- to defendants No.1 to 5 and additionally `10,00,000/- to defendant No.5. It be noted that appellant No.1 is defendant No.3 and appellant No.2 is defendant No.5. The agreements pertain to property No.BP-32, Nizamuddin East, New Delhi.

(2.) LATE Ms.Usha Bhagat had executed an agreement to sell on August 14, 1969 in favour of defendant No.5 agreeing to sell to him one-half undivided share in the property. Ms.Usha Bhagat was the sister of defendant No.5. The brother and sister fell apart. Defendant No.5 had to litigate with his sister and pursuant to a decree, in execution, got half ownership right in the property No.BP-32, Nizamuddin East, New Delhi.

(3.) THE plaintiff took upon himself to pursue, firstly, the property being mutated in the record of L&DO in the name of the five defendants and thereafter to have the conveyance deed executed by L&DO to convert the lease-hold tenure to freehold tenure and needless to state that mutation was the first step.