MR. JAYANT GHADIA Vs. RAJ KUMAR AND ANR.

JUDGEMENT

(1.) FOR the decision in these IAs 11343/00 and 8693/00, certain background facts about the suit are required to be stated.

(2.) THIS suit for specific performance and permanent injunction has been filed in respect of the property No. W - 137, Greater Kailash -II, New Delhi being residential property measuring 400 sq.yards. The case of the plaintiff is that a receipt -cum -agreement to sell dated 4.12.99 had been executed for total sale consideration of Rs.30 lakhs, out of which Rs. 1 lakhs was paid on the same day, half in cash and the other half through cheque bearing No. 161362 dated 4.12.99 drawn non State Bank of Hyderabad, Kailash Colony, New Delhi.

(3.) THE further case of the plaintiff is that he made another payment of Rs. 1 lakh on 7.12.99, once again half of the amount being in cash and other half by cheque No. 161365 dated 7.12.99 drawn on State Bank of Hyderabad, Kailash Colony, New Delhi.