AVTAR SINGH NARULA Vs. DHARAMBIR SAHNI

JUDGEMENT

(1.) THIS is an appeal preferred by the appellants (Defendants in CS (OS) No. 1890/2006) against the order of the learned Single Judge dated 25th March, 2008 dismissing the application filed by the appellants being I. A. No. 4827/2007 seeking rejection of plaint under O. 7, R. 11 of the Civil Procedure Code (CPC ).

(2.) BRIEFLY stated the facts of the case are that Shri Sajjan Singh was lessee of shop no. 57, Khan Market, New Delhi, the lessor being the Land and Development Officer (Land DO ). Shri Sajjan Singh, executed a registered Will dated 25th June, 1964 at Bangkok bequeathing the above said property in favour of his son Shri Avtar Singh Narula, appellant No. 1. Appellant No. 2, Surender singh Manchanda is an attorney of appellant No. 1. Shri Sajjan Singh died on 11th april, 1966 and left behind two more sons and a daughter besides appellant No. 1 /shri avtar Singh Narula.

(3.) APPELLANT No. 2 on the basis of power of attorney entered into an agreement to sell dated 25th March, 2004 of property bearing Shop No. 57-B situated at Khan market, New Delhi measuring 59. 5 sq. yds. (hereinafter referred to as suit property) with the respondents for a sum of Rs. 50 lakhs, and respondents paid Rs. 2. 50 lakhs by cheque and Rs. 2. 50 lakhs in cash to the appellants as initial payment. As per the agreement to sell a further sum of Rs. 20 lakhs was to be paid by the respondents to the appellants within two months from the date of mutation of the said property in the name of appellant No. 1. The balance sum of Rs. 25 lakhs was to be paid by the respondents to the appellants at the time of execution of the regular sale deed after obtaining sale permission from the L and DO. The relevant clauses 2 and 7 of the agreement to sell are reproduced below :