MAJ YASH PAL MALIK Vs. RAMA ARORA

JUDGEMENT

(1.) THE plaintiff has filed the above-mentioned suit for declaration/ cancellation of documents, with consequential relief of mandatory and perpetual injunction. THE suit along with the interim application was listed before Court on 02.05.2012. THE following interim order was passed:-

(2.) THE case set-up by the plaintiff in the suit is that he along with his wife entered into an agreement to sell dated 04.06.2010 with defendant No.4, for the sale of the property in question for the total sale consideration of Rs.8,50,00,000/-. At the time of execution of the agreement dated 04.06.2010, defendant No.4, admittedly, paid a sum of Rs.1,20,00,000/- to the plaintiff, i.e. Rs.60,00,000/- in cash and another sum of Rs.60,00,000/- by way of two cheques bearing No.054512 dated 04.05.2010 and No.054511 dated 04.06.2010, both amounting to Rs.30,00,000/- each drawn on HDFC Bank, Malviya Nagar, New Delhi. It was also agreed that another sum of Rs.1,20,00,000/- would be paid by defendant No.4 to the plaintiff within 90 days from the signing of the agreement to sell, and the balance sale consideration of Rs.6,10,00,000/- was payable by defendant No.4 on or before 31.12.2010. THEreafter, as per the case of the plaintiff, defendant No.4 could not adhere to the time schedule in terms of the agreement to sell, although the plaintiff was always ready and willing to perform his part of the agreement.

(3.) AS admitted by the plaintiff in para-23 of the plaint that on 19.04.2012, the plaintiff executed both the documents, i.e. the Sale Deed and the Agreement of Malwa in favour of defendant No.1 in respect of the property in question against the sale consideration of Rs.6,10,00,000/-. In para-24 of the plaint, the details of the bankers' cheque issued are given. The same read as under:-