SHIV KUMAR SHARMA Vs. MADHU AGGARWAL

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 is to impugned judgment of the Trial Court dated 30.3.2010. By virtue of the impugned judgment, the Trial Court decreed the suit of the respondent/plaintiff by declaring the sale deed dated 24.3.2005, Ex. DW1/2, executed in favour of the appellant/defendant as null and void. The Trial Court consequently held the respondent/plaintiff entitled to possession of the suit property being B-29/30/1, Friends Colony Industrial Area, Jhilmil Tahirpur Colony, Ilaqa Shahdara, Delhi-95. The appellant was also restrained from selling, etc. the suit property. The suit of the respondent/plaintiff for mesne profits was however dismissed.

(2.) The facts of the case are that the respondent as a seller and the appellant as a buyer entered into a registered sale deed with respect to the property admeasuring 67 square yards bearing no. B-29/30/1, Friends Colony Industrial Area, Jhilmil Tahirpur Colony, Ilaqa Shahdara, Delhi-95. Under this registered sale deed, the appellant/defendant received possession of the suit property. The appellant/defendant/buyer paid a sum of Rs.20,000/- on the date of execution and registration of the sale deed and also delivered 26 post-dated cheques of Rs.30,000/- each totaling to Rs.7,80,000/- . The first of these cheques was encashable after about 11 months of the sale deed. As per para 5 of the sale deed, the respondent/plaintiff was liable to clear all the outstandings of the local authorities including the Electricity Authority, House Tax Authority and Water Supply Department. The respondent/plaintiff is said to have not given the "No Dues Certificates" of these Authorities and therefore the appellant/defendant stopped the payment of the cheques by closing the account resulting in filing of the subject suit.

(3.) The respondent/plaintiff therefore filed the subject suit for declaring the sale deed to be null and void because consideration under the same was not paid.