DHIRAJ TOKAS Vs. PARVESH

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for recovery of Rs.67,52,739/ - against the defendants. Despite service, defendants have not entered appearance and by order dated 24.05.2010 the defendants were proceeded ex parte. In support of his case, plaintiff has led ex parte evidence and has filed his affidavit by way evidence, which is exhibited as Ex.PW -1/A. Plaintiff has also filed affidavit by way of evidence of Mr.Ravinder Kumar (PW -2), which is exhibited as Ex.PW -2/A. Plaintiff has also examined Mr.Sanjeev Mehta, reader of Deputy Commissioner, South West Kapashera, Delhi, as PW -3.

(2.) PW -1 has deposed on the lines of the plaint and stated that family members of defendants approached him on 18.1.2008 showed a Khatoni of their land which they offered to sell to him. The defendant no. 1 held 1/8 share in the land comprised in Khata Khatoni No. 101/79 bearing Kh. No.'s 20//19(4 -9), 20(4 -12), 21(4 - 16), 22(3 -11), 25// 1/2/2(1 -15), 5(4 -16), 8(4 -12), 9(4 -9), 10(4 -12), 11(4 -16), 12(4 -16), 13(4 -16), 17/2(1 -6), 18(4 -16), 19(4 -16),20(4 -16), 22(4 -16), 23(5 -8), 27(0 -5) 26//1(4 -19) total measuring 87 Bighas 18 situated in the revenue estate of Village Paprawat, Delhi. The remaining 7/8 share was held by other family members.

(3.) THIS witness has also deposed that the other family members of defendants viz. Sh. Jaipal & Sh. Harpal showed the lands to him which site was free from all kinds of structures and accordingly the plaintiff agreed to purchase the land abovementioned from the defendants as well as their other family members. The price of land was agreed at rate of Rs. 2,50,00,000/ - (Rupee Two Crores and Fifty Lacs only) per acre and the value of share of defendant came to Rs.