SH. MAHENDER PAL CHHABRA & ANR. vs SH. SUBHASH AGGARWAL

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 14.08.2025 Judgment pronounced on: 03.09.2025 + RFA(OS) 12/2021 SH. MAHENDER PAL CHHABRA & ANR. .....Appellants Through: Mr. Siddharth Batra, Mr. Chinmay Dubey, Ms. Shivani Chawla, Mr. Rhythm Katyal, Ms. Archna Yadav, Ms. Preetika Shukla, Advs. versus SH. SUBHASH AGGARWAL .....Respondent Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Nitin Mittal and Ms. Archisha Satyarthi, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The Appellants have preferred the present Appeal assailing the correctness of the judgment dated 15.02.2021 [hereinafter referred to as the “Impugned Judgment”] while decreeing the suit of the Respondent for specific performance of an Agreement to Sell [hereinafter referred to as the “ATS”], executed on 22.01.2008, in respect of the residential house bearing No. C-20, Ashok Vihar, Signature Not Verified RFA(OS) 12/2021 Page 1 of 21 Signed By:JAI NARAYAN Signing Date:04.09.2025 11:59:45 Phase-I, Delhi-110052, on payment of the balance sale consideration of Rs. 5,21,00,000/- (Rupees Five Crores Twenty-One Lakhs only). Brief Factual Matrix: 2. The sale consideration was pegged at Rs. 6,11,00,000/- (Rupees Six Crores Eleven Lakhs only). The execution of the ATS on receipt of Rs. 60,00,000/- (Rupees Sixty Lakhs only) as earnest money is admitted by the parties. An additional payment of Rs. 30,00,000/- (Rupees Thirty Lakhs only) on 24.03.2008 is also not in dispute. It was agreed between the parties that the sale deed would be executed on 10.05.2008, after the Appellants [defendants before the learned Single Judge] had the property mutated in their favour and converted into freehold, the property having originally