SANJAY KUMAR Vs. INDERJEET N SURI

JUDGEMENT

(1.) THIS is a suit for specific performance of the agreement dated 27th December, 2010 alleged to have been executed by the defendant in favour of the plaintiffs for sale of house bearing no. EXB-28A, Gali no. 1, Hari Nagar, New Delhi for a total sale consideration of Rs. 65 lakhs. A sum of Rs. 5 lakh was paid as earnest money to the defendant on 27th December, 2010 and the sale deed was to be executed on or before 15th May, 2011.

(2.) THE case of the defendant as disclosed in the written statement is that he is a Canadian citizen and he came to India along with his wife on 3rd December, 2010. THE plaintiffs approached him on 27th December, 2010 to purchase the suit property for a consideration of Rs. 1,10,00,000/- with the condition that they would re-construct a four storeyed building on the land underneath the property and provide the first floor to him for a consideration of Rs. 45 lakhs. It has been admitted that the plaintiffs paid a sum of Rs. 5 lakhs to the defendant on 27th December, 2010 and obtained a receipt from him. It is alleged that believing the plaintiffs, the defendant signed the receipt without going through its contents. It is further alleged that the plaintiffs got prepared an agreement and sent it to the defendant for signature. On going through the contents of the agreement, the defendant discovered that the terms and conditions incorporated therein were not as per their agreement. THE defendant thereupon reported the matter to the police and also sent a notice to the plaintiffs.

(3.) IT is defendant?s own case that a formal agreement was got prepared by the plaintiffs and was given to him for signature. The document got prepared by the plaintiffs is also a formal agreement to sell the suit property to the plaintiffs for a total sale consideration of Rs. 65 lakhs, and not an agreement for a sale consideration of Rs 1.10 crores, with a stipulation for sale of the first floor to the defendant for a consideration of Rs 45 lakhs. This is yet another indicator of what the transaction between the parties was.