PARVEEN ARORA Vs. RAJ KARNI MEHRA

JUDGEMENT

(1.) The appellant (plaintiff in CS(OS) No. 105/1996) has impugned the judgment and decree dated 22.02.2006 passed by the learned Single Judge of this Court dismissing suit seeking specific performance filed by the appellant on the strength of a receipt-cum-agreement dated 31.12.1992.

(2.) In brief, the case of the appellant is that Late Sh. F.C. Mehra, husband of respondent No.1 and father of respondents No.2 to 4, agreed to sell property No.13-B, Rajendra Park, Pusa Road, New Delhi for a total consideration of '1.5 crores. While entering into the agreement, the appellant paid Rs. 2,51,000/- as advance and further agreed to pay Rs. 12,50,000/- before 20.01.1993. Balance sale consideration was to be paid at the time of execution of the sale deed.

(3.) The further case of the appellant is that though he was required to pay only a sum of Rs. 12,50,000/- to the respondents by 20.01.1993, he paid a sum of Rs. 25,20,000/- on 15.01.1993 vide six bank drafts of Rs. 4,20,000/- each. While bank drafts No.230194, 230195 and 230196 were prepared in the name of Madan Lal Ashok Kumar Mehra (HUF), bank draft No.230197 was prepared in the name of Madan Lal Mehra, bank draft No.230198 in the name of Ashok Kumar Mehra and bank draft No.230199 in the name of Brij Lal Mehra.