Decided on December 20,2007

NISHA RAJ Appellant
Pratap K. Kaula Respondents


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 tenant.;

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