NEELAM JAIN Vs. MADHU KAPOOR

JUDGEMENT

(1.) The present suit seeks the following reliefs: -

(2.) The suit has been filed on the averment that an Agreement to Sell dtd. 2/8/2017 was executed between the plaintiffs and the defendant nos. 1 and 2 for selling the entire basement, ground floor and first floor, without roof rights of the property bearing No. AE-90, Shalimar Bagh, New Delhi-110088 built up on land measuring 247.50 sq. meters (hereinafter referred to as the 'suit property'). The total consideration mentioned in the Agreement to Sell dtd. 2/8/2017 is stated to be Rs.2.85 Crores. It is further averred that on 30/8/2017, a Sale Deed in respect of the suit property was executed by the defendant nos. 1 and 2 in favour of the plaintiffs after receiving the total sale consideration of Rs.2.85 Crores. However, although it was mentioned in the Sale Deed dtd. 30/8/2017 that the possession of the suit property has been delivered to the plaintiffs at the spot, in actual fact, the possession of the suit property was only symbolically delivered to the plaintiffs. The entire ground floor and half portion of the basement of the suit property continues to remain in possession of the Bank of India (defendant no.3) as tenant, whereas physical possession of the other half portion of the basement and the entire first floor continues to remain in possession of defendant nos. 1 and 2.

(3.) An Agreement to Sell dtd. 30/8/2017 is also stated to have been executed between the plaintiffs and the defendant nos. 1 and 2 in respect of the entire second floor, third floor and roof rights in the same property bearing no. No. AE-90, Shalimar Bagh, New Delhi-110088 built up on land measuring 247.50 sq. meters. However, no relief qua the said Agreement to Sell dtd. 30/8/2017 has been claimed in the present suit and the same is stated to be the subject matter of CS (OS) 258/2018.