GULSHAN KUMAR Vs. SHYAM LAL

JUDGEMENT

(1.) C.M. No.16410/2018 (exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908(CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 23.12017 by which trial court has dismissed the suit for specific performance filed by the appellant/plaintiff with respect to the Agreement to Sell dated 24.5.2006 for 1/5th undivided share for land of the respondent/defendant being 1/5th undivided share in the agricultural land measuring 14 bighas and 8 biswas (equal to 2 bighas 17 bishwas and 12 biswansis) bearing Mustatil No.85, Killa No.2(4-16), 3(4-16), and 4(4-16) situated in the revenue estate of Village Jonapur, New Delhi. Trial court however while dismissing the suit for specific performance has granted the money decree in favour of the appellant/plaintiff for a sum of Rs.12 lacs, which amount the appellant/plaintiff had paid to the respondent/defendant in terms of the subject Agreement to Sell. Total sale consideration was Rs.1,02,00,000/-

(3.) I may note that the original defendant expired during the pendency of the suit and thereafter he was represented by his legal heirs and reference in this judgment to the defendant will as per the context mean reference to the original defendant or his legal heirs.