RAJNI JAIN AND ORS. Vs. PARAG JAIN

JUDGEMENT

(1.) THE Appellants have filed the present appeal impugning the order dated 17.11.2014 whereby the application of the Appellants under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint has been dismissed.

(2.) THE Respondent (Plaintiff) before the trial court filed a suit for specific performance, declaration, mandatory and permanent injunction in respect of property E -142, Preet Vihar, Delhi -92.

(3.) IT is contended that an Agreement to Sell was executed between the parties on 08.02.2013 for a total sale consideration of Rs. 3,15,00,000/ -. Rs. 35,00,000/ - in cash and Rs. 25,00,000/ - by cheque was also handed over by the Respondent to the Appellants at the time of execution of the Agreement to Sell. As per the Respondent, another payment of Rs. 65,00,000/ - was to be made on or before 17.02.2013 and the balance sale consideration of Rs. 1,90,00,000/ - was to be paid by 15.04.2013 at the time of the registration of the sale deed.