MISHA VADHERA Vs. RAVI KUMAR

JUDGEMENT

(1.) . This is an appeal under Section 10 of the Delhi High Court Act, 1966 preferred by the plaintiffs feeling aggrieved by order dated 9.11.95 passed by a learned Single Judge of this Court sitting on the original side whereby an application under Order 6 Rule 17 Civil Procedure Code filed by the defendants seeking amendment in the written statement has been allowed.

(2.) . The suit property consists of a flat measuring 1106 Sq.ft. on the firs,t floor of a multi-storeyed building known as 'Hansalya' situated at 15, Barakhamba Road, New Delhi. Mr. Misha Vadera, the plaintiff No. 1 is Managing Director of Hotel Hans Pvt. Ltd., the plaintiff No.2. The defendant No. 1 is admittedly the owner of the suit property. The defendant No.2 is a real estate agent. The defendant No.3 is builder of the multi-storeyed building of which the suit property forms a part.

(3.) . According to the plaintiffs, the defendant No. 1 entered into an agreement to sell the' suit property in favour of the plaintiffs on 28.10.93. There is no agreement in writing. However, the agreement is sought to be spelled out from the contents of a receipt dated 28.10.93 which is reproduced hereunder as the contents would be of some relevance at a later stage of this order :-