INDER MOHAN ARORA Vs. PAWAN KUMAR JAIN

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 13.9.2013 by virtue of which the application of the petitioner under Order VII Rule 11 CPC has been dismissed as being devoid of any merit.

(2.) I have heard the learned counsel for the petitioner and have also gone through the record.

(3.) The main contention of the learned counsel for the petitioner is that the respondent/plaintiff had entered into an agreement for purchase of a portion of property bearing No.IX/2124, Kailash Nagar, Delhi-31, from the petitioner/defendant for a total consideration of Rs.35 lacs. Out of this total amount, an amount of Rs.4 lacs was paid by way of a cheque by the respondent/plaintiff as earnest money to the petitioner/defendant. On 21.11.2011 when the agreement was executed, a date of 15.3.2012 was fixed for execution of the sale document and handing over of the possession and the other connected chain of ownership documents. It is alleged by the petitioner that the respondent kept on postponing the completion of transaction for one reason or the other despite the fact that the petitioner/defendant continued to demand the balance amount of Rs.31 lacs.