SURESH SHAH Vs. SARITA GUPTA

JUDGEMENT

(1.) A suit for Specific Performance of Agreement to Sell dtd. 20/5/2008 and Permanent Injunction, has been filed by the plaintiffs.

(2.) The plaintiffs entered into an Agreement to Sell dtd. 20/5/2008 for the purchase of property bearing No.E-1091, Saraswati Vihar, New Delhi with land underneath admeasuring 156 sq. mts. and superstructure standing thereon (hereinafter referred to as 'suit property'), with defendant No.1, represented herself to be the exclusive owner and in possession of the suit property. Defendant No.2 Mrs. Sushila Shah is the wife of plaintiff No.1.

(3.) The total sale consideration was agreed to be Rs.4,00,00,000.00(Rupees Four Crores) out of which the plaintiffs paid Rs.2,00,00,000.00(Rupees Two Crores) in cash to defendant No.1 for which a receipt was duly issued.