K.L. KATYAL Vs. PANKAJ KUMAR

JUDGEMENT

(1.) The present Regular First Appeal is filed challenging the judgment and decree of the learned Single Judge of this Court dated September 03, 2013 passing a decree in favour of the respondent for specific performance of Agreement to Sell dated February 19, 2005.

(2.) The respondent filed the present suit stating that the appellant is the absolute owner of Flat bearing C-1A/98-A, Pankha Road, Janakpuri, New Delhi-110058. It is stated that the parties entered into an Agreement to Sell on February 19, 2005 where it was agreed that the appellant would sell the said flat to the respondent for a total sale consideration of Rs. 20,25,000/- (Rupees Twenty Lac Fifty Thousand). The respondent is stated to have paid a sum of Rs. 1,00,000/-(Rupees one lac only) in advance/earnest money. An Agreement to Sell was executed. The defendant acknowledged receipt of the advance by putting his signature on the revenue stamp on the Agreement. It was agreed that the appellant would execute the sale-deed before June 30, 2005. It is further averred that in second week of March, 2005 the appellant approached the respondent with a request to complete the deal within March, 2005. Respondent is stated to have applied for a loan with HDFC Bank on March 20, 2005 for a sum of Rs. 16,00,000/- (Rupees sixteen lacs only) in order to make the balance sale consideration. The bank sanctioned the loan and issued Final Disbursement Advice dated March 30, 2005. Hence, it is averred that the respondent was ready with the balance sale consideration in March, 2005 itself. The respondent also states to have purchased stamp paper for execution of the sale-deed for a sum of Rs. 1,40,000/- on March 29, 2005. It is averred that the respondent requested the appellant to complete the transaction but the appellant kept avoiding and demanded an additional sum of Rs. 5,00,000/- (Rupees five lacs only) as property prices had allegedly risen. A legal notice was served by the respondent on the appellant dated May 18, 2005 calling upon the appellant to perform his part of the contract. Counsel for the appellant sent a reply stating that he does not possess a copy of the Agreement dated February 19, 2005 and as such is not in a position to reply to the notice sent by the respondent. The respondent sent a rejoinder notice on June 03, 2005 to which no reply came. As the appellant took no steps, the present suit was filed.

(3.) The appellant filed his written statement. He stated that the Agreement to Sell is a manipulated and forged document. It is urged that as the appellant was in urgent need of a loan of Rs. 20,000/-. Hence he approached Westend Estates's proprietor Mr.Sanjoo Anand for the loan. The said Mr.Sanjoo Anand provided the loan to the appellant @ 24% per annum and while giving the loan, seeking identity proof of the appellant, asked for ownership proof of the immovable property. The appellant showed him the original documents of the flat, photocopies of which were kept by the said Mr.Sanjoo Anand. The appellant claimed that he only executed a promissory note which was formatted/submitted on the letter head of Westend Estates with the same design as the alleged Agreement to Sell. It is averred that the said Sanjoo Anand has manipulated the promissory note to an alleged Agreement to Sell. It is averred that the appellant had never met the respondent. The receipt of notice dated May 18, 2005 sent by the respondent is admitted. It is further averred that the respondent is only manipulating facts inasmuch as even the letter from HDFC Bank enclosed by the respondent is addressed to one Mr.Pankaj Kumar with the address of Khel Gaon Marg, New Delhi and not to the titled name and address of the respondent. It is further urged that it is surprising that HDFC Bank has sanctioned a loan without NOC from the owner of the house. It is further urged that the stamp duty paper of Rs. 1,40,000/- (Rupees one lac forty thousand) allegedly paid by the respondent is not based on correct calculation and the contention about purchase of the same is a manipulated story.