NARENDER KUMAR GOLA Vs. KISHITIZ GOEL

JUDGEMENT

(1.) Regular First Appeal under Sec. 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC ") has been preferred by the Plaintiff/Appellant Mr. Narendra Kumar Gola against the Judgment dtd. 22/2/2021 and Decree dtd. 30/10/2021, whereby the Suit for Recovery of Rs.11,00,000.00 filed by the Plaintiff under Order XXXVII of CPC, has been rejected, under Order VII Rule 11 of the CPC, by the Learned Additional District Judge.

(2.) The Brief facts as stated in the Plaint, were that Plaintiff was an absolute owner of Property bearing Plot No.4, Sector 4, Vaishali, Ghaziabad, Uttar Pradesh (hereinafter referred to as "Suit Property "). Subsequently, the Plaintiff entered into an Agreement to Sell dtd. 14/4/2019 for the Suit Property for a sale consideration of Rs.1,20,00,000.00, with the Defendants. However, at the time of execution of the Sale Deed dtd. 23/9/2019, the Defendants cunningly convinced the Plaintiff to show the sale consideration as Rs.66,12,000.00 in the Sale Deed, in order to avoid certain taxes. It is claimed by the Plaintiff that he could not sense the mala fide and dishonest intention of the Defendants and fell into their trap.

(3.) It was further claimed by the Plaintiff that the Defendants had already paid an amount Rs.1,09,00,000.00 and thereafter, issued three post-dated cheques dtd. 23/9/2019, out of which two were of Rs.5,00,000.00 each and one for a sum of Rs.1,00,000.00, at the time of registration of the documents. All the aforesaid cheques were towards payment of balance amount of Rs.11,00,000.00 from the actual sale consideration.