G.R.LUTHRA - (1.) By way of this judgment, a number of applications (E.A. N&s. 68, 71, 68,(sic) 134 and 135 of 1985) are being decided. They are connected with Execution Case No. 27/80.
(2.) Major Daya Shankar (now deceased) executed an agreement dated February 27, 1960 to sell property No. 77, Sunder Nagar, New Delhi in favour of Shri Lov Raj Kumar (hereinafter referred to as the decree-holder). As Major Daya Shankar did not execute the sale deed in favour of the decree-holder, in accordance with the agreement to sell, the latter instituted a suit on January 3,1962 in the court of the Senior Sub Judge, Delhi. That suit was entrusted to a Sub Judge for trial and decision. The suit was still pending when Delhi High Court Act came into force and in accordance with its provisions, Delhi High Court came into existence on November 1, 1966. In view of the provisions of Delhi High Court Act, the suit was transferred to Delhi High Court and was registered as Suit No. 28 of 1967.
(3.) The prayer in the original plaint was to the following effect: (a) That a decree for specific performance of the agreement for sale of the building known and styled as No. 77, Sunder Nagar, New Delhi, along with the lease-hold rights in the site of the said property leased by defendant No. 1 from the President of the Union of India, be passed in favour of the plaintiff and against the defendants, and the defendants be directed to apply for permission to the Chief Commissioner and convey the property on receipt of permission and in case the defendants refuse to apply for permission and convey the property to the plaintiff by executing the sale deed and getting the same registered and delivered to the plaintiff, proper procedure prescribed under the law, may please be adopted. (b) That all rents and profits of the property during the pendency of the suit may also be allowed to. the plaintiff. (c) That in case specific performance be not allowed, a decree for Rs. 15,000.00 on account of refund of the amount and Rs. 50,000.00 damages be passed in favour of the plaintiff and against the defendants.;