SIMI KATYAL Vs. RAM PYARI BATRA

JUDGEMENT

(1.) In terms of the order dated 19th July 2006, arguments have been advanced by learned counsel for the parties on the issue whether the suit for specific performance is maintainable and whether relief which can be claimed by the plaintiff is to be restricted to damages in accordance with clause V of the agreement between the parties.

(2.) Suit seeks a decree for specific performance of an undated agreement to sell. Clause 'e' of the same reads as under:-

(3.) Placing reliance upon a decision of the Hon'ble Supreme Court reported as JT 1999 (8) SC 608 Dadarao & Anr. v. Ramrao & Ors. followed by a Division Bench of this Court in the decision reported 2001 III AD (DELHI) 506 Ashok Kumar Batra v. Simi Katyal & Others learned counsel for the defendants urge that plaintiff cannot claim specific performance. Counsel for the plaintiff states that the decision of the Supreme Court in Dadarao's case (Supra) has been held to be per incuriam by the Hon'ble Supreme Court in a latter decision (2004) 6 SCC 649 P.D. 'Souza v. Shondrilo Naidu.