SHIV KUMAR GUPTA Vs. KUMKUM GUPTA

JUDGEMENT

(1.) THE application seeking condonation of delay in filing the written statement is not opposed by learned Counsel for the plaintiff and is accordingly allowed.

(2.) THE plaintiff has filed a suit for specific performance of the Agreement to Sell dated 13.04.1992 in respect of the immovable property of land measuring 1960 sq. yds. out of the total area of 2390 sq. yds. forming part of Khasra No. 577 situated in the revenue estate of Village Sultanpur Majra, New Delhi. The rate agreed upon as per the Agreement to Sell was Rs. 2,700/- per sq. yd. and the total consideration was thus, Rs. 52,92,000/- and the earnest money of Rs. 6,00,000/- was paid in cash on 06.04.1992 prior to execution of the Agreement to Sell. It is stated that on 20.11.1992, defendant No. 1 sold and transferred a portion of the land agreed to be sold measuring 737.7 sq.yds. It is further alleged that defendant No. 1 received a sum of Rs. 24,00,000/- in cash from the plaintiff on 15.01.1993 vide receipt of the said date towards part performance of the Agreement to Sell dated 13.04.1992. This receipt is disputed by the defendants.

(3.) THE present application has been filed by defendant Nos. 5 to 8 seeking rejection of the plaint on the ground of bar of limitation.