ASHWINI KUMAR VERMA Vs. A.K.TANDON

JUDGEMENT

(1.) Ashwani Kumar Verma is an Executive with M/s. Duncans Industries. He took on rent Flat No.39, Mandakini Enclave, Alakhnanda from A.K.Tandon. He seeks specific performance of an oral agreement to sell pleading that the agreed sale consideration was Rs. 35,00,000/- out of which he paid Rs. 5,00,000/- as earnest money-cum-part sale consideration. As per him he took a loan from HSBC Bank to finance the purchase of the flat. He claims that he spent Rs. 40,000/- to renovate the flat. He claims that after receiving Rs. 5,00,000/-, through his son Vijay Tandon, A.K.Tandon resiled from the agreement and sent a communication to him that he had forfeited the amount of Rs. 5,00,000/-. Pleading readiness and willingness to pay the sale consideration and alleging default by A.K.Tandon, the suit was filed.

(2.) In the written statement A.K.Tandon pleads that Ashwani Kumar Verma was in default. He disputes the sale consideration being Rs. 35,00,000/- and claims the same to be Rs. 61,00,000/-.

(3.) On the pleadings of the parties issues were settled on February 22, 2011 as under:-