SUMAN CHHABRA Vs. LAXMI BAI

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 13.04.1999 of the Court of Additional District Judge (ADJ), Delhi of dismissal of suit No.1033/1993 filed by the appellant for specific performance of an Agreement dated 12.06.1989 by the respondent Smt. Laxmi Bai of sale of property No. J -167, ad -measuring 125 sq. yds., Saket, New Delhi to the appellant / plaintiff for sale consideration of Rs.4,75,000/ -.

(2.) THE appeal was admitted for hearing and vide ex parte ad -interim order dated 13.09.1999, the respondent restrained from transferring, alienating or creating any third party interest in the property or parting with possession of the property. It was the stand of the respondent during the hearing on 09.02.2000 that the property in question already stood transferred in favour of one Smt. Shashi on 10.12.1991 and that the deceased respondent Smt. Laxmi Bai was not at all concerned with the property. Observing, that in view of the said fact the ex -parte ad -interim order did not affect the respondent, the same was on 9th February, 2000 made absolute during the pendency of the appeal.

(3.) HOWEVER the appeal being of the year 1999, it has been deemed expedient to hear the counsel for the appellant to gauge whether there is any need to hear the counsel for the only contesting respondent viz. Ms. Sangeeta.