GUNADHAR JANA Vs. KARIM

JUDGEMENT

(1.) THIS suit seeks, inter alia, possession and recovery of mesne profits/damages apropos property bearing no. IX/4009 in Khasra no. 142 situated in village Seelampur, Gali No. 17, Ajit Nagar, Gandhi Nagar, Delhi -31, (hereinafter referred to as the 'suit Property'); the suit property admeasures 50 sq. yards comprising two rooms, one kitchen, one latrine and bathroom with similar accommodation available on the three floors above it.

(2.) THE plaintiff claims that he purchased the suit property vide a registered irrevocable Power of Attorney bearing registration no. 5305, in additional book no.4, Vol. No. 3396 on page 97 to 107 and accordingly became the absolute owner of the suit property; that the defendant approached him with the intention of purchasing the suit property and the plaintiff orally agreed on 29.11.2010 to sell it to the defendant for a consideration of Rs. 23,00,000/ -; that in pursuance of the oral agreement, the defendant gave him two cheques dated 29.11.2010 and 01.12.2010 which together amounted to Rs. 11,00,000/ - with an understanding that the balance sale consideration would be paid in a period of six months. Pursuant to the payment of Rs. 11,00,000/ - and at the instance of the property broker Shri Vinod Kumar Sharma, the plaintiff handed over possession of the suit property to the defendant.

(3.) ON 12.03.2014 the defendant made another part payment of the outstanding amount of Rs. 12,00,000/ - by handing over two cheques bearing no. 030631 dated 12.03.2014 and no.030632 dated 24.03.2014 each for an amount of Rs. 1,00,000/ -. However, on presentation for encashment both cheques were returned as dishonoured.