TOSH APARTMENTS PRIVATE LIMITED Vs. PRADEEP KUMAR KHANNA

JUDGEMENT

(1.) This is an application filed on behalf of the defendant No. 1 under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as the Code) and in this application it has been prayed that the plaint be rejected under Order 7 Rule 11 (d) of the Code. Notice of this application was issued to the plainliff and the plaintiff in its reply has controverted the averments made in the application. Thereafter defendant No. 1 has also filed the rejoinder to the reply filed on behalf of the plaintiff.

(2.) Briefly, the facts of the case as stated in the plaint are that the defendant No.1 who is the owner of the property bearing No.21, Aurangzeb Road, New Delhi alongwith defendant No. 3 approached the plaintiff-company and offered to sell the aforesaid property for a consideration of Rs.2.5 crores exclusive of unearned increase, if any, liability to be paid to L & D.O.. Thereafter the defendant No. 1 entered into agreement for sale of the aforesaid property with the plaintiff-company vide agreement for sale dated 13th September, 1988. As per terms and conditions of the said agreement the plaintiff company purchased the said property subject to the tenancy of the Sudan Embassy, but otherwise clear from any and all liens, charges, claims, demands, mortgages and encumberances etc. for a price of Rs.2,50,00,000.00 only. Against the said total price, a sum of Rs.25.00 lacs was to be paid by the purchaser to the seller st the time of signing of the agreement for sale. It was also mentioned in the agreement that a sum of Rs-75.00 lacs would be paid against cancellation of all arrangements whatsoever in respect of the said property to the satisfaction of the purchaser including the Collaboration Agreement and Agreement to Sell alleged to between the Seller and Shri Arun Kumar Bhatia (defendant No.2) and the balance amount at the time of registration of the Conveyance in favour of the plaintiff company. Clause 4 of the agreement stipulated that the sale transaction would be completed within 45 days from the date of signing of the agreement hereof the Vendor having obtained the sanctions, consents, no objections and clearances inclusive of clearance under Section 269 UC and Section 230 A of the Income Tax Act and permission under Section 27 of the Urban Land (Ceiling and Regulation) Act, 1976.

(3.) Pursuant to the agreement for sale dated 13th September, 1988, the plaintiff company paid a sum ofRs.25.001acs to the defendant No. 1 at the time of execution of the agreement for sale and thereafter another sum of Rs. 10.00 lacs to the said defendant on 13.12.1988 through bankers cheque No.298613 dated 13.12.88 issued by Dena Bank, Karol Bagh, New Delhi and also paid a sum of Rs.9.00 lacs to defendant No.2 by two bankers cheques both dated 13.12.88 for an amount of Rs. 1.00 lac and 8.00 lacs.