PARVEEN KUMAR Vs. SHAILENDER AGGARWAL AND ANR

JUDGEMENT

(1.) Vide this order, I shall dispose of these two applications filed by defendants No. 1 and 2 respectively under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'CPC') seeking rejection of the plaint.

(2.) Plaintiff has filed the present suit for recovery of Rs. 45 Lacs along with interest accrued thereon against the defendants contending inter alia that by virtue of a Lease Agreement, he was inducted as a tenant by defendant No. 2 in the property No. 14-A, Marble Arch Apartment, 9 Prithvi Raj Road, New Delhi on a monthly rent of Rs. 20,000/- on 1st October, 1999. The Lease was extended for two years on the terms and conditions contained in the Lease Agreement dated 30th August, 2001.

(3.) On 25th August 2005, plaintiff, on behest of defendant No. 2, entered into a verbal agreement for purchase of the suit property with Green Project Leasing Limited for consideration of Rs. 1 Crore 40 Lacs. Plaintiff paid the suit amount as earnest money by way of five cheques of different dates in favour of Green Project Leasing Limited. In the second week of June 2006, defendant No. 2 retracted from the Agreement but, promised that he would be granted five years lease period from 1st October, 2005 to 30th September, 2010 for adjustment of Rs. 45 Lacs received in advance as earnest money. However, no Lease Agreement was executed by defendant No. 2.