RAHUL GUPTA Vs. ASHOK BISWAL

JUDGEMENT

(1.) By this order, I propose to decide the preliminary issue no.1. By an order dated 13.08.2012, the following issues were framed:-

(2.) Considering the fact that the issue no.1 concerns the very maintainability of the present suit, therefore, the same was directed to be treated as a preliminary issue.

(3.) Addressing arguments on the said preliminary issue, Mr. Ujjawal Jha, learned counsel appearing for the plaintiffs submitted that present suit filed by the plaintiffs is within the prescribed period of limitation as envisaged under Article 54 of the Limitation Act, 1963. Counsel further submitted that the plaintiffs in the present suit are seeking specific performance of an Agreement to sell dated 2.8.2006 which was executed by the defendant no. 1, in order to sell the property bearing no. E- 929, Chittranjan Park, New Delhi- 110019 in favour of the plaintiffs for a total sale consideration amount of Rs. 85 lacs. Counsel further submitted that the plaintiffs have already paid an amount of Rs. 30 lacs to the defendant no. 1 and the balance consideration amount was to be paid by the plaintiffs in terms of the Schedule of payment as setout in the said Agreement to Sell. Counsel further submitted that an amount of Rs. 20 lacs was paid by the plaintiffs by way of three separate cheques of the same date i.e, 2.8.2006, while an amount of Rs. 10 lacs was paid in cash by the plaintiff no.1 on 14.8.2006, in good faith, without any receipt.