NABA NAEEM & ANR Vs. ANEES AHMED ABBASI

JUDGEMENT

(1.) Cm No. 27606/2016

(2.) This Regular First Appeal impugns judgment dated 6th April, 2016 by which the suit filed by Plaintiffs was dismissed. The present suit for specific performance was instituted on 2nd September, 2011. The case of the Plaintiffs is that they had entered into an agreement to sell with the Respondent/Defendant (hereinafter, 'Defendant') dated 9th April, 2010.

(3.) The Plaintiffs submit that the total consideration for the sale of the suit property bearing no. B-7/1, B-7/4, Sarai Khalil, Delhi was Rs.60,00,000/- (Rupees Sixty Lakh) out of which Rs.40,00,000/- (Rupees Forty Lakh) was paid, as stated in the Plaint. The receipt of the entire amount of Rs.40,00,000/- is however disputed by the Defendant.