PARAG JAIN Vs. RAJNI JAIN AND ORS.

JUDGEMENT

(1.) I.A. 17117/2013.

(2.) THIS is an application filed by the defendant Nos. 1 & 2 under Order VII Rule 11 CPC for rejection of the plaint.

(3.) AS per the plaint, defendants No. 1 and 2 represented to the plaintiffs that the defendant No. 1 is the sole and absolute owner of the suit property based on a registered gift deed dated 3.10.2012 executed by the father of defendant No. 1 in her favour. It is the case of the plaintiff that after negotiations, the total sale consideration was fixed at Rs. 3.15 crores, out of which Rs. 35.0 lacs was paid in cash, Rs. 25.0 lacs was paid by means of a cheque and Rs. 65.0 lacs was payable by 17.2.2013 and the balance amount was payable by 15.4.2013. An agreement to sell dated 08.02.2013 was signed between the parties, wherein defendants No. 1 and 2 acknowledged the payment of Rs. 35.0 lacs.