SANJAY PASSI Vs. IQBAL CHAND KHURANA

JUDGEMENT

(1.) The Plaintiff has filed this Appeal containing the following Prayers:-

(2.) Defendant Nos. 1 and 2 [Appellant in FAO(OS) No.490-92/2010], who were the owners of the suit property, have also assailed the said impugned Order dated 3.5.2010. The following Prayers have been made in this Appeal:-

(3.) By a detailed discussion, the learned Single Judge has considered threadbare the various Agreements executed between Shri Sanjay Passi on the one hand [Appellant in FAO(OS) No.392/2010] and S/Shri Iqbal Chand Khurana and Ashwani Khurana [Appellants in FAO(OS) No.490-92/2010] on the other. The learned Single Judge has also perused and discussed the correspondence exchanged between the parties. After doing so, a prima facie finding has been articulated to the effect that the Plaintiff was unable to arrange for the requisite funds and had, therefore, requested the Vendors (Khuranas) to refund the amount already paid. The readiness and willingness of the Appellant to perform his part of the contract has, in the opinion of the learned Single Judge, not been established. So far as the next question raised before the Trial Court, viz. application of the principle of lis pendens is concerned, his prima facie conclusion is that 'a firm view about the third defendant's knowledge regarding any pre-existing agreement concerning the suit property' cannot be arrived at. It has been noted in the impugned Order that the Suit had been filed on 25.5.2009 with notice returnable for 29.5.2009; an Agreement to Sell was allegedly entered into between Khuranas and the third Respondent/Defendant, namely, Hap Apparel Pvt. Ltd. on 6.5.2009 but the Sale Deed pursuant to this Agreement was executed on 27.5.2009. Thirdly, the learned Single Judge has made mention of the fact that the Agreement between Sanjay Passi and Khuranas was for ' 60,00,00,000/-, out of which ' 20,00,00,000/- had been paid.