KRISHAN LAL ARORA Vs. GURBACHAN SINGH AND ORS.

JUDGEMENT

(1.) IA No.19632/2013 (for leave to defend) This is an application filed by defendant No.1 under Order 37 Rule 3(5) CPC for grant of leave to defend the suit.

(2.) The suit is filed by the plaintiff for recovery of Rs.20,90,000/-. It is averred in the plaint that the defendants represented to the plaintiff to be owners of built up property at Municipal No.173, measuring 948 sq.yards in Khasra No.322 situated in Extended abadi of (Lal-Dora) Village, Neb Sarai, Tehsil-Hauz Khas, New Delhi. The defendants agreed to sell flat No. D-7 & D-8 on the third floor vide Agreement to Sell dated 8.6.2010. Defendant No.1 was stated to be the owner of 75% undivided share and defendant No.2 of the balance 25%. The agreed consideration was Rs.30 lacs and the plaintiff paid a sum of Rs.25 lacs in advance. It is averred that the balance sum of Rs.5 lacs was payable in 240 days.

(3.) It is further stated that the plaintiff requested the defendants to complete the transaction and execute the sale deed but they refused to do so. The defendants backed out. After much pursuation it is averred that the defendants issued four cheques in favour of the plaintiff to the tune of Rs.25 lacs with interest as refund of money received. The defendants shared the refund i.e. the share of 75% was of defendant No.1 and 25% of defendant No.2. These cheques were issued on 23.01.2013 and 25.01.2013 respectively. However when the plaintiff presented the cheques same were dishonoured with the comment "Account stands closed"/"funds are insufficient".