IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 10th December, 2013.
+ RFA 653/2004
SUSHILA DEVI (DECEASED) THROUGH LR's ..... Appellant Through: Mr. Arun Mohan, Sr. Adv. with Mr.
Arvind Bhat & Mr. Kuber Giri, Advs.
Versus
ADELINE D. LALL
(DECEASED) THROUGH LRS & ANR. ..... Respondents Through: Mr. Pradeep Dewan, Sr. Adv. with
Ms. Anupam Dhingra, Mr. Siko
Sankar Mishra & Mr. Adbhut Pathak,
Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW, J.
1. The appeal impugns the judgment and decree (dated 16th September, 2004 of the Court of the Additional District Judge (ADJ), Delhi in Suit No.107/2004 filed by the respondents) of specific performance of an Agreement to Sell dated 7th September, 1985 by the appellant of sale of House No.27, Road No.17, Punjabi Bagh, New Delhi, to the respondents/plaintiffs.
2. The appeal was admitted for hearing and vide interim order dated 3 rd May, 2005, the direction in the impugned judgment for execution of the RFA No.653/2004 Page 1 of 40 Sale Deed and the dispossession of the respondents/plaintiff who were admittedly in possession of the property, stayed. The appellant/defendant died during the pendency of the appeal and an application for substitution of her legal heirs was filed; at that stage the appeal was dismissed in default but on the application of