MANOJ TOMAR Vs. NEENA KHATTER AND ORS.

JUDGEMENT

(1.) THIS suit which is filed for recovery of Rs. 1,57,30,430/ - is listed for framing of issues. In my opinion, issues do not arise and this suit has to be decreed in view of the pleadings of the defendants which do not make any averment that defendants have appropriated the amount of Rs. 1,35,00,000/ - paid by the plaintiff to the defendants under the Agreement to Sell dated 26.4.2013 towards any losses caused to the defendants.

(2.) THE facts of the case are that with respect to the property measuring 7 Bighas and 2 1/2 Biswas in Khasra No. 256/2(4 -15), 257/1(3 -12), 257/2 Min (1 -0 -1/2), 258 Min (2 -15), situated in the area of Village Sawda, Delhi (hereinafter referred to as "the suit property") parties entered into an Agreement to Sell on 26.4.2013. Total sale consideration was fixed at Rs. 8,91,69,271/ -, of which plaintiff paid a sum of Rs. 1,35,00,000/ - to the defendants.

(3.) AS per the written statement filed, entering into of the agreement to sell is admitted and also receipt of the amount of Rs. 1,35,00,000/ - by the defendants from the plaintiff. The defendants in the written statement state that though there is another co -owner Sh. Dinesh Chand Gupta, authorization of Sh. Dinesh Chand Gupta in favour of the defendant no.1 was handed over to the plaintiff and only thereafter the agreement to sell was entered into.