RAJASARI ESTATE AND DEVELOPERS Vs. RAJESH SABHARWAL

JUDGEMENT

(1.) This appeal has been preferred by the appellants/defendants, being aggrieved by the judgment dtd. 25/4/2019, whereby the suit instituted by the respondent/plaintiff for the recovery of a sum of Rs.4,17,19,650.00 with interest @ 18% per annum has been decreed against them, jointly and severally, for a sum of Rs.2,55,00,000.00 alongwith interest @ 10% per annum with effect from 1/12/2015, till the date of realisation alongwith costs of Rs.1,50,000.00, on an application moved by the respondent/plaintiff, under Order XII Rule 6 CPC.

(2.) In brief, the facts of the case are that Sardar Jasjeet Singh and Smt. Satwant Kaur were owners of property No.29/56, West Punjabi Bagh, New Delhi, admeasuring 555.55 sq. Yds. They entered into a Collaboration Agreement dtd. 28/1/2014 with the appellant No.1/defendant No.1. The agreement was for the re-development of the said property. The second floor of the re-developed/re-constructed property with proportionate share in the stilt parking and the land underneath the structure fell into the share of the appellant No.1/defendant No.1, who was also authorised under the said Collaboration Agreement to further sell the same to third parties.

(3.) It is on the basis of the above authorisation, the appellant No.1/defendant No.1, acting through the appellant No.2 /defendant No. 2, entered into an Agreement to Sell dtd. 3/12/2014 with the respondent/plaintiff for the sale/purchase of the second floor of the reconstructed property at the captioned premises for a total sale consideration of Rs.7,21,00,000.00. Admittedly, Rs.72,00,000.00 towards 10% of the sale consideration was paid by the respondent/plaintiff to the appellants/defendants as down payment on the date of execution of the Agreement to Sell. The respondent/plaintiff claimed that thereafter, between 17/1/2015 and 29/11/2015, he had paid a further sum of Rs.1,88,00,000.00, to the appellants/defendants, thus totalling to a sum of Rs.2,60,00,000.00.