RAJ KUMAR Vs. LATAFAT

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The present petition challenges the impugned order dated 17th March, 2020, passed by the ADJ-05, South East District, Saket Courts, by which the Trial Court has granted conditional leave to defend to the Petitioner/Defendant in the suit.

(3.) A suit for recovery for a sum of Rs.9,50,000/- was filed by the Respondent/Plaintiff. The transaction was an agreement to sell based on certain documents in respect of the property measuring 92 sq. yards, bearing Khasra/Khewat no. 241/192, Khatoni no. 363/33, M. No. 15 Killa No. 15 (8- 0) 16 (8-0), M. No. 23 Killa No. 6 (8-0), situated in the area of Mouja Agwanpur Abadi , Tehsil and Distt. Faridabad, Haryana (hereinafter, "suit property"). According to the Plaintiff, a sum of Rs.9,50,000/- was paid to the Defendant and in turn a promissory note and other documents like GPA, Agreement to sell and Receipt was executed. The Defendant, however, took the position that the signatures on all the documents are not genuine and challenged the existence of the transaction itself. The Trial Court, after hearing the parties granted leave to the Defendant, via the impugned order, subject to a deposit of a sum of Rs.9,50,000/- in an FDR.