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Showing contexts for: common plot in Ashok Jain And Ors. vs Rajeshwar Nath Gupta And Ors. on 17 September, 2024Matching Fragments
19. A Supplementary Agreement dated 04.03.1989 was executed by the owners/vendors in favour of both the families.
20. Smt. Veena Bhalla executed the Supplementary Agreement on 04.03.1989, Shri Anil Kalia executed the Supplementary Agreement on 24.03.1989, Shri Chander Mohan executed the Supplementary Agreement on 20.06.1989 in favour of the Gupta family in which these vendors specifically mentioned and stated that they had agreed to sell an area of 1752.285 sq. metres - 182.035 (half of excess vacant land) = 1570.25 sq. metres from and out of the plot commonly known as 4, Cavalry Lines, Mall Road, Delhi. Smt. Veena Bhalla and so also the other two Vendors namely Shri Chander Mohan and Anil Kalia also executed GPA separately and respectively in favour of the Gupta family on the same date of the execution of the Supplementary Agreement. In GPA, these vendors (1/4th shares each) authorised the plaintiff No. 1 and defendant No. 1 to manage the suit property.
68. The execution of separate Indemnity Bonds with specific mention of distinct portions/area in favour of respective families is a clear indicator of separate and distinct sales. The Indemnity Bonds, too, do not anywhere mention any undivided land. Rather, the executant in this document says that "I have entered into an agreement for sale one half portion of the said land i.e. land admeasuring about 1570.25 sq. mt. along with building". Supplementary Agreements dated 04.03.1989 were also executed separately in favour of respective families, specifying half area each, "out of plot commonly known as 4, Cavalry Lines, Mall Road, Delhi". The language is clear regarding separate sales of independent and distinct areas. The documents drafting: An informed choice.
"And Whereas I have entered into an Agreement for Sale one half portion of the said land i.e. land admeasuring about 1570.25 sq. mtrs. alongwith building, outhouses and other constructions thereon to the Vendees ...."
181. After 6 years from the execution of the ATS, the Supplementary Agreement‟s reconfirmed the ATS and were executed by the erstwhile owners to receive the balance consideration amount left out in the earlier ATS. Supplementary Agreements dated 04.03.1989 were executed in favour of Gupta family (Ex PW-1/4, Ex P-9 and Ex P-11) and in favour of Jain family (Ex D-5, Ex D-6, Ex DW-1/4). It mentions that "for the Sale of 1752. 285 Sq. metres minus 182.035 (half of excess vacant land) equal to 1570.25 sq. metres from and out of plot commonly known as 4, Cavalry Lines, Mall Road, Delhi". This makes it clear that the separate portions were sold to both the families as these Supplementary Agreements do not use the word "undivided". Had the suit property been undivided, the word "undivided" would have been found in the Supplementary Agreements.