RAJIV GUPTA AND ANR. Vs. J.K. KASHYAP

JUDGEMENT

(1.) In the above captioned first suit, decree of possession in respect of suit property and the damages of Rs. 13.50 lacs has been claimed by Mr. Rajiv Gupta and his sister from J.K.Kashyap on account of unauthorised possession of basement, and ground floor of property No.1/14, Shanti Niketan, New Delhi as shown in red colour in the site plan filed along with the plaint and also pendente lite damages @ Rs. 5000/- per day. Mr. Rajiv Gupta has further claimed travel expenses of Rs. 2 lacs which he had incurred to travel from USA to India and back, to execute the sale deed in pursuance to the Memorandum to Sell of 31st January, 2005.

(2.) In the above-captioned second suit, J.K. Kashyap has sought specific performance of aforesaid Memorandum to Sell of 31st January, 2005 in respect of half of the subject property and also a formal deed of partition to enable registration of sale deed in respect of suit property. The undisputed facts highlighted by learned counsel for the parties are as under:-

(3.) In the suit. In the above-captioned first suit, vide order of 3rd October, 2007 following issues were framed:-