RAVINDER KUMAR SHARMA Vs. RAMA KANT MISHRA

JUDGEMENT

(1.) The present Regular First Appeal under Sec. 96 of CPC seeks to assail the judgment and decree dtd. 31/5/2022 passed by the learned ADJ-08, West District, Tis Hazari Courts, Delhi in CS No. 288 of 2018. Vide the impugned judgment, the learned Trial Court has decreed the respondent/plaintiff's suit by directing the appellant to pay a sum of Rs.35,00,000.00 alongwith interest @9% p.a. to the plaintiff/ respondent.

(2.) For the sake of convenience, the parties will hereinafter be referred to as per their position before the learned Trial Court.

(3.) The plaintiff preferred a suit for recovery of a sum of Rs.35,00,000.00 with interest. It was the respondent's claim that the defendant approached him claiming to be the owner of approximately 24 bighas of land in Khasra No. 266 in Village/PO/Police Station Chhapar, District Muzaffarnagar, U.P ( hereinafter 'suit property'). The plaintiff, being interested in buying the suit property, entered into an agreement to sell dtd. 20/10/2015 with the defendant, for a total sale consideration of Rs.4,92,00,000.00 crores. In terms of the aforesaid agreement, the plaintiff paid a sum of Rs.15,00,000.00 to the appellant as token/earnest money/part payment against the suit property admeasuring 24 bighas and further agreed to pay the balance amount on or before 16/10/2016. The defendant also assured the plaintiff that the suit property was free from all sorts of encumbrances and also agreed to procure a No-Objection Certificate (NOC) in favour of the plaintiff.