SATYA BHUSHAN KAURA Vs. VIJAYA MYNE

JUDGEMENT

(1.) IA No. 9859/2006

(2.) THIS application has been filed by the plaintiff under the Provisions of Order 8 Rule 3 and 5 read with Order 12 Rule 6 of the CPC praying for passing of a decree in its favor on the admissions of the sole defendant.

(3.) ON 14th November, 1979 Smt. Vijaya Myne, the sole defendant herein was granted perpetual leasehold right in the property measuring 325 sq. yards bearing No. C -2/270 Janak Puri Residential Scheme, New Delhi. There is no dispute that she continues to be the owner in occupation of this property and had built a double storey house thereon. Smt. Vijaya Myne entered into an agreement on 13th April, 2004 to sell this entire property to Shri Satya Bhushan Kaura, the plaintiff herein for a total consideration of Rs. 99 lakhs. This agreement has been duly exhibited on record as Exhibit P1. The defendant has received a sum of Rs. 8 lakhs as earnest money and Rs. 2 lakhs pursuant to this agreement on the same day and executed the receipt Exhibit P 2 in acknowledgment thereof. This agreement is duly witnessed by two persons including Shri Gagan Myne, the son of the defendant.