RAMAN KUMAR Vs. NEELAM NAGPAL

JUDGEMENT

(1.) The case of the plaintiff is that late Shri K.L.Nagpal, husband of defendant No.1 and the father of defendants 2 to 4 had, vide Agreement to Sell dated 26.04.2004, agreed to sell B-105, Derawal Nagar, Delhi, to him for a consideration of Rs.25 lakhs and the whole of the consideration had been paid to him in his lifetime. In terms of the Agreement to Sell dated 7 th August, 2004, the plaintiff claims to have paid Rs.15 lakhs to late Shri K.L.Nagpal on 26 th April, 2004, Rs.3 lakhs on 07.08.2004, Rs.2 lakhs on 18 th March, 2005, another Rs.2 lakh on 20 th March, 2005, Rs.2 lakhs on 21st March, 2007 and Rs.1 lakh on 19 th March, 2008. This is also the case of the plaintiff that on payment of Rs.3 lakhs on 7 th August, 2004 another agreement was executed by late Shri K.L.Nagpal in his favour thereby agreeing that 75% of the rent being received from the above property will be paid to the plaintiff. A General Power of Attorney is alleged to have been executed in favour of the plaintiff on that date. A Will with respect to the aforesaid property is also stated to have been executed by late Shri K.L.Nagpal in favour of the plaintiff on 19 th March, 2008. Shri K.L.Nagpal expired on 27 th March, 2008. The plaintiff is now seeking a declaration that he is the rightful owner in possession of the aforesaid property. He has also sought a direction to the defendants to execute the sale deed in his favour.

(2.) The suit has been contested by the defendants who have alleged that the documents relied upon by the plaintiff are forged and fabricated documents. They have denied the transaction set up in the plaint and have also denied the payments alleged to have been made to late Shri K.L.Nagpal from time to time.

(3.) A perusal of the Agreement to Sell dated 26 th April, 2004 filed by the plaintiff would show that the following was the schedule of payment which late Shri K.L.Nagpal is alleged to have agreed with the plaintiff: <FRM>JUDGEMENT_4143_ILRDLH22_2012_1.html</FRM>