BHAI MANJIT SINGH HUF & ORS. vs PUNIT BERIWALA

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13.11.2025 + FAO(OS) 20/2022 and CM APPL. 15311/2022 BHAI MANJIT SINGH HUF & ORS. .....Appellants Through: Mr. T.K. Ganju, Sr. Adv. and Mr. Raj Shekhar Rao, Sr. Adv. with Mr. Ekansh Mishra and Ms. Anupriya N. Verma, Advs. for Appellant No.1. Mr. Shohit Chaudhry, Adv. for Appellant No.2. versus PUNIT BERIWALA .....Respondent Through: Mr. Trideep Pais, Sr. Adv. with Ms. Sahiba Singh, Ms. Sakshi Jain, Ms. Saloni and Mr. Dilip Garg, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. The Defendants (Appellants herein) assail the correctness of the order dated 07.02.2022 passed by the learned Single Judge [Impugned Order], wherein the learned Single Judge dismissed an oral prayer for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟]. 2. In October, 2021, the Plaintiff (Respondent herein) filed a suit for specific performance of agreement to sell, possession and injunction, while alleging that the Defendant No.2, who was „Karta’ of the Defendant No.1, entered into an agreement to sell with the Signature Not Verified Signed By:SAVITA FAO(OS) 20/2022 Page 1 of 5 PASRICHA Signing Date:17.11.2025 15:45:19 Plaintiff agreeing to sell 3727 sq. yards property bearing No. 28A, Prithviraj Road, New Delhi [hereinafter referred to as „the Suit Property‟] for Rs. 28,00,00,000/-. It was agreed that the Defendants after getting the property converted from leasehold to freehold, will get the sale deed executed. The Plaintiff alleges that he has paid Rs.1,64,50,000/-, receipt of which was acknowledged by as many as 14 receipts signed by the Defendants between 2004-2005.