NARESH BHUTANI Vs. VIJAY KUMAR KHURANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 13th October, 2006 passed by the learned Additional District Judge in a suit for specific performance and permanent injunction instituted by the appellant against the respondents.

(2.) Briefly stated the facts of the case are that the appellant, plaintiff in the court below, agreed to purchase the property bearing No. E-67, Moti Nagar,(hereinafter referred to as 'the suit premises') from the respondents, defendants in the court below. While there is no dispute about the fact that the appellant had paid a sum of Rs. 4 lacs as earnest money to the respondents (a sum of Rs. 2 lacs having been paid on 21st January, 1996 and the balance sum of Rs. 2 lacs on 2nd February, 1996), the parties are not at ad idem in respect of the sale consideration of the suit premises. While it was the case of the appellant that the suit premises was agreed to be purchased by him for a sum of Rs. 10 lacs, the respondents contended that the sale consideration was fixed at Rs. 35 lacs.

(3.) In the plaint, it was averred by the appellant that the receipt dated 2nd February, 1996 was in fact a receipt-cum-agreement and other terms and conditions of the agreement were settled between the parties orally. One of the terms and conditions of settlement, as agreed upon orally, was that the respondents would first get the requisite sale permission from the competent authority and shall then inform the appellant. And thereafter, within a month of the intimation, the balance amount of Rs. 6 lacs would be paid by the appellant to the respondents at the time of executing the sale deed. It was contended on behalf of the appellant that despite the letter dated 15th November, 1996 addressed to the respondents, the respondents failed to reply to the same and did not give any intimation to the appellant; thus compelling him to institute the suit out of which the present appeal arises.