MAHESH CHAND AGGARWAL Vs. MUKESH KALIA AND ORS.

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for specific performance of an Agreement dated 28.6.2005 and for permanent injunction.

(2.) SUMMONS in the suit were issued on 14.3.2008. Defendants entered appearance on 14.5.2008. Written statement has been filed by defendants on 30.5.2008. Following issues were framed by the Court on 22.1.2009:

(3.) IN the affidavit filed by the only witness i.e. PW -1, Sh. Mahesh Chand Aggarwal, plaintiff herein, has deposed that the defendants claimed themselves to be a lawful co -owners of a built up property, measuring 600 sq. yards, situated at Gali No. 22, Libaspur, Delhi, comprising in Khasra No. 26/24 and 17, Village Libaspur, Delhi (hereinafter referred to as the suit property). He has further deposed that since the defendants wanted to sell the abovesaid suit property, the parties entered into an Agreement to sell on 28.6.2005. The Agreement to Sell dated 28.6.2005 has been exhibited as Exhibit PW -1/1. The sale consideration was fixed at Rs. 24,21,000/ -. As per the terms of the agreement, Rs. 2.50 lakhs were paid by plaintiff to the defendants on 29.6.2005 and the balance sale consideration in the sum of Rs. 21,71,000/ -, was agreed to be paid to the defendants on or before 25.9.2005. Another sum of Rs. 2.50 lakhs was paid by the plaintiff to the defendants on 6.8.2005, out of which Rs. 1.50 lakhs were paid in cash and Rs. 1.00 lakh was paid vide two cheques bearing No. 018499 and 018500 both dated 6.3.2005, drawn on Canara Bank, Model Town, Delhi, for Rs. 50,000/ -, each. Receipt thereof was duly executed by the defendants, which has been exhibited as Exhibit PW -1/2. This witness has further deposed that a sum of Rs. 2.20 lakhs was paid in cash again to the defendants on 7.11.2005. This amount was duly acknowledged by the defendants on the top of page No. 2 of the Agreement to Sell dated 28.6.2005 at point A. Another sum of Rs. 2.40 lakhs (Rs. 1.20 lakhs, each) was paid by the plaintiff to the defendants by two separate pay orders bearing Nos. 103837 and 103838, both drawn on South Indian Bank Limited, Sector 8, Rohini, Delhi, favouring defendants No. 1 and 2, respectively. As per PW -1, a total sum of Rs. 9.60 lakhs was paid to the defendants upto 7.11.2005.