SATPAL SINGH.J CHAWLA vs SUBHASH D SHARMA AND ORS.

1. The present Appeal is at the instance of the original Plaintiff aggrieved by the impugned judgment of the Trial Court dated 29/12/2025 dismissing the Suit seeking specific performance of the Agreement for Sale dated 19/01/2010. For sake of brevity, the parties are referred to by their original status in the Trial Court. 2. Special Civil Suit No. 165 of 2014 was instituted seeking specific performance of Agreement for Sale dated 19/01/2010 executed with the Defendants, in respect of residential property described as Plot No. 172, Sheet No. 42 situated near Block No. A-257, Room No. 513, admeasuring about 750 square yards, Ulhasnagar. The suit property is compensation pool property and the Defendants represented to the Plaintiff that the Authorized Chief Settlement Commissioner, Mumbai in Revision Petition No. 45 of 2008 had ordered the S.D.O-cum- Managing Officer, Ulhasnagar to issue Conveyance Deed in respect of the suit property vide order dated 17/03/2009. After negotiations, the Defendants agreed to sell the suit property to the Plaintiff for consideration of Rs.1,08,00,000/-. On 18/01/2010, the Plaintiff paid SQ Pathan 2/34 FA-2424-2025-J.doc Rs.21,00,000/- and Agreement for