R.V. Raveendran, J. - (1.) Leave granted. Heard. For convenience the appellant and respondent will also be referred to by their ranks in the suit, as plaintiff and defendant respectively.
(2.) The appellant and respondent entered into a partnership as per deed dated 5.4.2000 to run an Institute for preparing students for competitive examinations, under the name and style of Takshila Institute, at No. F-19, L SC , Bhera Enclave, Paschim Vihar, New Delhi.
(3.) On 29.6.2004, the appellant entered into an "agreement to sell" (Bayana Agreement) under which she agreed to sell the property described as follows: An undivided half share, second floor (without roof rights) of built up property bearing No. 8, Pocket & Block C9, Sector-8, Rohini, Delhi - 110 085, built on a plot of land area measuring 158.98 Sq.m and 50% share of M/s Takshila Institute established in the above said property which is hereby agreed to be sold includes all rights, titles, interests, goodwill, electricity equipment, furniture, fixtures including passages, easements facilities privileges etc., which attached thereto or connected therewith. Clause 13 of the said agreement clarified that the property agreed to be sold included the goodwill of the firm M/s Takshila Institute, having its office at C-9/8, Sector 8, Rohini, Delhi-85 in which the first party is also the partner of 50% and included all rights, interest, claims, title, fittings, furniture, fixtures and all equipment. ;