SANJAY KUMAR Vs. SITA RANI KHANNA

JUDGEMENT

(1.) The applications of the plaintiffs are for setting aside the order dated 28th April, 2005 dismissing the suit for non prosecution under Order 9 Rule 9 read with Section 151 of Code of Civil Procedure and for condonation of delay under Section 5 of the Limitation Act in filing the application under Order 9 Rule 9 read with Section 151 of the Code of Civil Procedure.

(2.) The plaintiffs have filed the above noted suit for specific performance of agreement to sell executed between the parties in respect of agricultural land admeasuring 164 bighas, 13 biswas situated in revenue estate of village Quadipur, Delhi. The agreement contemplated sale of land at the rate of 4.5 lakhs per acre which rate was enhanced to Rs. 5.25 lakhs per acre.

(3.) The plaintiffs paid a total sum of Rs. 37 lakhs to the defendants out of which Rs. 17 lakhs was paid at the time of agreement and Rs. 20 lakhs was paid later on, receipts of which amounts have been admitted by the defendants.