NISHA RAJ Vs. PRATAP K. KAULA
HIGH COURT OF DELHI
Pratap K. Kaula
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SANJAY KISHAN KAUL,J. -
(1.) THE plaintiffs 'the purchasers" have filed the present suit for specific performance of Agreement to sell dated 30-09-1986 (Ex. PW1/2 )
of the property situated at A-2, Pamposh Enclave, New Delhi admeasuring
698.60 sq. yds (hereinafter referred to as the said property). The defendant Nos. 1-4 in the present case are the legal heirs of Smt. Vijay
Malini Kaula, the seller, of the said property.
(2.) A perpetual sub-lease (Ex. P1), duly registered, dated 05-02-1973 was executed in favour of the said seller by the President of India as the
lessor and the Kashmir Cooperative House Building society Ltd. as the
lessee for a consideration of Rs. 13,105 towards development charges.
The said seller constructed a residential house with a covered area of 3723.08 sq. ft. at the cost of Rs. 2,48,000 on the said property (being a residential plot of land) for which an occupancy certificate was issued
by the DDA on 29-12-1984. Later the seller decided to permanently settle
in Nilgiris, Tamil Nadu and therefore appointed one Col. Janki Raina as
her attorney by way of a Special Power of Attorney dated 13-12-1979 (Ex.
PW1/1). On 01-03-1985, the said property was let out to M/s Tin Plate
Company of India Ltd. for a period of three years.
(3.) IT is stated that later, the aforesaid attorney of the seller expressed his inability to look after and manage the property on account
of his old age. Hence, the seller decided to sell the said property to
the plaintiffs vide Agreement to sell dated 30-09-1986 (Ex. PW1/2) for a
consideration of Rs. 29 lacs. Accordingly, the plaintiffs paid a sum of
Rs. 10,000 to the seller by way of advance vide Cheque No. 389984 dated
30-09-1986 in pursuance to the said Agreement to Sell (Ex. PW1/2). At that time the said property was under the occupancy of the aforesaid
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