LAWS(DLH)-2013-12-84

SUSHILA DEVI Vs. ADELINE D.LALL

Decided On December 10, 2013
SUSHILA DEVI Appellant
V/S
Adeline D.Lall Respondents

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 16th September, 2004 of the Court of the Additional District Judge (ADJ), Delhi in Suit No.107/2004 filed by the respondents) of specific performance of an Agreement to Sell dated 7th September, 1985 by the appellant of sale of House No.27, Road No.17, Punjabi Bagh, New Delhi, to the respondents/plaintiffs.

(2.) The appeal was admitted for hearing and vide interim order dated 3rd May, 2005, the direction in the impugned judgment for execution of the Sale Deed and the dispossession of the respondents/plaintiff who were admittedly in possession of the property, stayed. The appellant/defendant died during the pendency of the appeal and an application for substitution of her legal heirs was filed; at that stage the appeal was dismissed in default but on the application of the legal heirs of the appellant/defendant, was restored to its original position and the legal heirs substituted. The counsels have been heard and synopsis of submissions permitted to be filed and which have been perused.

(3.) The respondent/plaintiff No.1 Mrs. Adeline D. Lall who died during the pendency of the suit and whose legal heirs were substituted and her husband Shri Tajammul David Lall (respondent/plaintiff No.2) on 23rd May, 1988 instituted the suit from which this appeal arises, pleading: