DEVENDRA KUMAR MISHRA Vs. AGARWAL ASSOCIATES (PROMOTERS) LTD.

JUDGEMENT

(1.) BY this order I propose to decide I.A. No. 14783/2013 filed by the defendant under Order 7 Rule 11 read with Section 151 CPC for seeking rejection of the plaint and I.A. No. 10557/2012 filed by the plaintiff under Order 39 Rules 1 & 2 CPC.

(2.) PLAINTIFF had filed a suit for declaration and injunction against the defendant seeking a decree of declaration that demand letter dated 15th May, 2012 is illegal, unjust and improper and a decree of permanent injunction, restraining the defendant from preventing the plaintiff and his family members from using and enjoying the suit property bearing flat No. T -1, 3rd Floor, Aditya Mega Citi, Vaibhan Khand, Indrapuram.

(3.) VIDE letter dated 6th April, 2007, the defendant communicated the schedule of payment to the plaintiff wherein it was stated that a sum of Rs. 18,91,250/ - was to be paid by plaintiff by 10th April, 2007 and balance Rs. 1,12,250/ - alongwith Interest Free Maintenance Deposit (IFMS @24/ - per sq. feet) at the time of handing over possession. It is averred by the plaintiff that he made the entire payment of Rs. 19,00,000/ - in respect of the suit property as detailed in Para 9 of the plaint. The same is reproduced hereunder: