BADAL AND ORS. Vs. NIRANJAN PROPTECH AND ORS.

JUDGEMENT

(1.) IA No. 8459/2008 in CS(OS) No. 1030/2008.

(2.) THIS is an application by the defendants under Order VII Rule 11(a), (b) and (d) read with Section 151 of the Code of Civil Procedure, 1908 seeking rejection of the plaint.

(3.) THE applicants/defendants have contended that the plaintiffs. case is that they were the owners of suit land and entered into an Agreement to Sell dated 31st January, 2005 with defendant No. 3 for a total consideration of Rs. 15,10,000/ - and the Agreement to sell was registered being Registration No. 1304 in Book No. 1, Volume No. 1804 on pages No. 125 to 130, registered with the Sub -Registrar IX, New Delhi. It is also contended that the plaintiffs had executed a General Power of Attorney and Special Power of Attorney dated 31st January, 2005 in favour of defendant No. 2. The Special Power of Attorney was also registered with the Sub -Registrar IX and the General Power of Attorney was also registered with the Sub -Registrar IX. It is pleaded that in part performance of the Agreement to Sell dated 31st January, 2005, plaintiffs were given an amount of Rs. 15,00,000/ -