RIKHAB BIRANI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants, Rikhab Birani and Sadhna Birani, had entered into an oral agreement to sell Roti Godown No. 28/27, Birhana Road, Kanpur, Uttar Pradesh, to respondent No.2, Shilpi Gupta, for a consideration of Rs.1,35,00,000.00 (Rupees one crore thirty five lakhs only) in June, 2020. Respondent No.2, Shilpi Gupta, and her husband claimed that they had paid an amount of Rs.19,00,000.00 (Rupees nineteen lakhs only) towards part-sale consideration between June and September, 2020. It is the case of the appellants, Rikhab Birani and Sadhna Birani, that respondent No.2, Shilpi Gupta, had to pay 25 per cent of the total sale consideration amount as advance on or before 15/9/2020. However, she was unable to pay the same. In fact, a cheque of Rs.10,00,000.00 (Rupees ten lakhs only) given by respondent No.2, Shilpi Gupta, bounced due to insufficient funds. The appellants, Rikhab Birani and Sadhna Birani, relied upon some WhatsApp messages and other communications inter se them and respondent No.2, Shilpi Gupta, and her husband, whereby the latter was asked to pay the unpaid amount and complete the sale transaction by execution of a registered document. This was not done. After about one year, on 3/9/2021, the appellants, Rikhab Birani and Sadhna Birani, sold the aforesaid property by way of registered sale deed dtd. 3/9/2021 at the lower price of Rs.90,00,000.00 (Rupees ninety lakhs only) statedly due to changed circumstances.

(3.) It is the case of the appellants, Rikhab Birani and Sadhna Birani, that they had suffered losses of Rs.45,00,000.00 (Rupees forty five lakhs only) on account of the failure of respondent No. 2, Shilpi Gupta, and her husband, in paying the sale consideration amount and abiding by the oral agreement; hence, they are not liable to refund or pay any amount to respondent No.2, Shilpi Gupta.