JOGINDER KHURANA Vs. RAJINDER BHATIA

JUDGEMENT

(1.) The plaintiff has filed the present summary suit under Order XXXVII of the Code of Civil Procedure, praying inter alia that a decree for recovery of a sum of Rs. 1,50,75,000/- be passed against the defendant along with pendente lite and future interest @ 18% p.a.

(2.) Before considering the submission made by learned counsel for the plaintiff, it is considered necessary to recapitulate the brief facts of the case as averred in the plaint. The plaintiff has averred that the defendant had contacted him at his Rohini address in Delhi, expressing his willingness to sell four plots of land bearing Nos.63,64, 66 and 67, situated at VGD Nagar, Bhuneshwar Nagar, Velachery, Chennai. As the plaintiff had evinced interest in purchasing the said plots of land, the parties had entered into an agreement whereunder, they had agreed that the defendant will sell the subject plots to the plaintiff for a total sale consideration of Rs. 1,50,00,000/- . The Receipt/Agreement to Sell was executed by the defendant on 19.4.2011 wherein, he had confirmed having received the earnest money of Rs. 1,00,00,000/- (Rs. 30,00,000/- through RTGS in February 2011, Rs. 10,00,000/- through RTGS on 19.4.2011 and cash of Rs. 60,00,00,000/- on 19.4.2011). The defendant had also agreed that before the sale deed is executed, he shall get all necessary clearances from the Government authorities and he shall also free the subject plots from all encumbrances. It was recorded in the Receipt/Agreement to Sell that the balance sale consideration shall be paid by the plaintiff on or before 30.6.2011.

(3.) It is averred in the plaint that as per the understanding with the defendant, the plaintiff had written to him on 24.6.2011, informing him that the balance sale consideration is ready and the sale deed in respect of the subject plots be executed in his favour on or before the agreed date, i.e., 30.6.2011. However, on 27.6.2011, the defendant had visited the plaintiff at his residence in Delhi and admitted to the fact that he was not the owner of the subject plots and therefore, the deal could not be materialized. The defendant had then proceeded to issue a cheque dated 29.9.2011, drawn on Punjab National Bank, Anna Nagar, Chennai in favour of the plaintiff for a sum of Rs. 1,50,00,000/- towards the earnest money for a sum of Rs. 1,00,00,000/- received by him from the plaintiff at the time of executing the Agreement for Sale along with a sum of Rs. 50,00,000/-, as penalty.