SURAJ MUNJAL Vs. CHANDAN MUNJAL

JUDGEMENT

(1.) Application under Order XL Rule 27 read with Sec. 151 Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") filed on behalf of the appellant/plaintiff for leading additional evidence. It is submitted in the application that the plaintiff had filed a suit for partition, declaration, mesne profits, mandatory and permanent injunction against the respondents in respect of the properties mentioned in the suit. The appellant in his petition had taken a plea that he had paid 80.55% of the sale consideration and is entitled to a share to the said extent in the suit property. Moreover, there was an oral agreement by virtue of which respondent No.1 had agreed to execute a Relinquishment Deed in his favour making him an absolute owner of the suit property.

(2.) To support his assertions that he had paid approximately 80.55% the appellant wants to place the following documents on record:

(3.) On 5/5/2015, out of the sale of joint property in Regency Park, Gurgaon, a sum of Rs.1,15,00,000.00 was received in equal amount of Rs.57,50,000.00 by appellant and respondent No.2. While respondent No.1 deposited his share in a personal bank account, the appellant out of this amount had deposited ?46,00,000/- in joint bank account from which partial payments have been made towards sale consideration for the basement property and had deposited only ?10,00,000/- in his personal account.