Rajinder Kumar Vs. Shri Kuldeep Singh & Others
Specific Performance – Agreement to sell – Delay – Pay as per circle rates
Civil Appeal No. 1873 of 2014 [Arising out of S.L.P. (C) No. 19215 of 2011] with Civil Appeal No. 1874 of 2014 [Arising out of S.L.P. (C) No. 28302 of 2010] with Civil Appeal No. 1875 of 2014 [Arising out of S.L.P. (C) No. 26419 of 2011] with Civil Appeal Nos. 1876-1877 of 2014 [Arising out of S.L.P. (C) Nos. 29361-29362 of 2012]-Decided on 7-2-2014.
The respondent-Kuldeep Singh filed a suit (Suit No. 280/1982) on 10.01.1982 for specific performance of the agreement against the eight legal heirs, impleading also Rajinder Kumar in the said suit as defendant no. 9, on the original side of High Court of Delhi. The suit was decreed ex parte on 30.04.1984. …. The agreement for sale was executed by the appellants (Defendants 1 to 8) on 30.07.1980. They received part of the consideration, viz., Rs. 1,40,000/- as earnest money. …. For doing complete justice to the parties, we are of the view that it is a case where the purchaser should be directed to pay the land value to the vendors as per the circle rate notified for the residential property in Category ‘A’ colonies prevailing during November 16, 2011 to January 5, 2012, at the rate of Rs.2,15,000/- per square meter. The purchaser shall also be liable to meet the liability arising by way of unearned increase to be paid to the Land and Development Office...read more
