YASH MEHTA Vs. YASH PAL

JUDGEMENT

(1.) By way of present appeal, the appellants seek to set aside order dtd. 18/8/2018 passed by learned Additional District Judge, Karkardooma Court, Delhi whereby their application under Order XXXIX Rules 1 and 2 CPC in CS NO. 3230 of 2016 was dismissed.

(2.) Pithily put, brief facts of the case are that the appellants preferred the underlying suit for specific performance against respondents claiming that respondent Nos. 2 and 3, owners of property bearing Nos. B-523, B-524 situated at Gharoli Dairy Farm (Colony) situated at B Block Illaqa Shahdra, Delhi-110096 (hereafter, referred to as 'suit property') entered into a collaboration agreement dtd. 1/6/2012 with respondent No.1 for developing 16 dwelling units in the suit property. The respondent No.1, in turn, entered into an Agreement to Sell with the appellants thereby agreeing to sell two flats in it for a total sale consideration of Rs.16.00 lacs each.

(3.) Mr. Rajat Wadhwa, learned counsel for the appellant submits that the Trial Court while refusing to grant restraint order against respondents failed to appreciate that in consequence of oral agreement arrived at on 30/6/2012 between the appellants and respondent No.1, the latter executed an Agreement to Sell dtd. 19/10/2013 as well as a Possession Letter on 17/2/2014 in favor of the appellants. Out of the total sale consideration, the appellants paid Rs.31.00 lacs (i.e., Rs.4.5 lacs through bank transfer and balance Rs.26.5 lacs through cash) to respondent No.1. The receipt of the said amount was duly acknowledged in the Agreement to Sell as well as the Possession Letter. Lastly, it was submitted that respondent No.1 by subsequently filing the amended written statement, materially changed his defense by denying the Agreement to sell as well as Possession Letter.