PREM KHERA Vs. SUBHASH GOYAL

JUDGEMENT

(1.) THE appellant has challenged the judgment and decree for `2,00,000/- along with interest @ 10% per annum passed by the learned Trial Court in favour of the respondent.

(2.) THE respondent, hereinafter referred to as the plaintiff, instituted a suit for recovery of `4.00 lakh under Order XXXVII of the Code of Civil Procedure against the appellant, hereinafter referred to as the defendant.

(3.) THE plaintiff appeared in the witness box as PW1 and proved the sale agreement, Ex.PW1/A, the legal notice, Ex.PW1/C and reminder notice, Ex.PW1/D. In cross-examination, PW1 admitted that the balance sale consideration was payable by 29th April, 2007. PW1 also admitted that no notice of his intention to purchase the suit property was issued by him. He did not make any written request to the defendant for inspection of the original documents and the documents relating to the dues of house tax, electricity and water bills. THE plaintiff did not produce any proof with respect to the availability of `16.37 lacs as on 29th April, 2007 before the Trial Court.