SOURABH TAPARIA Vs. LALIT KUMAR

JUDGEMENT

(1.) IA NO. 8325/2014

(2.) As per the plaint, Rs.30,00,000/- was paid as earnest money by the plaintiff to the defendant. After receiving the earnest money, the defendant was trying to wriggle out of the agreement and despite repeated requests by the plaintiff, the defendant has not returned the sum of Rs.30,00,000/-.

(3.) Further, the plaintiff also sent a legal notice dated 05.01.2013 to the defendant, calling upon the defendant to repay the advance amount of Rs. 30,00,000/- with a penalty of Rs. 30,00,000/- as per terms and condition of agreement to sell, on the basis that the defendant failed to perform his part of obligation, wherein he undertook to repay double of the advance amount of Rs. 30,00,000/-, in case he failed to perform his part of obligation and execute sale deed within stipulated period, but the defendant did not return the advance money. Defendant replied to the said notice taking false and vague stand though he admitted receipt of advance of Rs. 30,00,000/- as part sale consideration.