S KANWALJIT SINGH & ANR Vs. MOLLY KAPOOR

JUDGEMENT

(1.) I.A. 23211/2015 (by the defendant u/O IX R 7 CPC)

(2.) The plaintiffs have instituted the present suit praying inter alia for a decree of specific performance, permanent injunction and recovery of damages etc. in respect of the second floor and terrace alongwith one servant quarter of premises No.E-406,Greater Kailash, Part-I, New Delhi.

(3.) It is stated by the counsel for the plaintiffs that the plaintiffs had entered into an Agreement to Sell dated 28.03.2014 for purchasing the suit premises from the defendant for a total sale consideration of Rs.2,55,00,000/-. At that time, the plaintiffs had paid earnest money to the tune of Rs.60 lacs to the defendant and she had agreed to execute a Sale Deed in respect of the suit premises in favour of the plaintiffs within a period of four months from the date of executing the Agreement to Sell. However, later on, the defendant had refused to execute the Sale Deed in favour of the plaintiffs, thus compelling them to institute the present suit.