JAWAHAR LAL MANGHANI Vs. RAVI PRAKASH ANAND

JUDGEMENT

(1.) The plaintiff has filed the suit under the provisions of Order XXXVII of the Code of Civil Procedure, 1908 for recovery of Rs.41,65,545/-. It is the case of the plaintiff that negotiations took place between the plaintiff and the defendant for sale of property bearing No. W?154, Greater Kailash I, New Delhi admeasuring 500 sq. yds. and a total consideration of Rs.2,57,00,000/- was agreed upon. The plaintiff paid an earnest money of Rs.15,00,000/- on 16.04.2002 consisting of Rs.5,00,000/- in cash and Rs.10,00,000/- by cheque and thereafter an MOU was executed on 26.04.2002 recognizing the payment and laying down the schedule of payment. The balance consideration of Rs.2,32,00,000/- had to be paid by the plaintiff in a phased manner with the first payment of Rs.1,50,00,000/- on 20.05.2002 and the balance of Rs.82,00,000/- on or before 30.05.2002.

(2.) It is the case of the plaintiff that in terms of the MOU dated 26.04.2002, it had been agreed upon that the original title documents of the property would be handed over to the plaintiff. The plaintiff claims to have been ready with the money, but since the original title documents were not shown, disputes arose between the parties. It was in these circumstances that the suit for recovery was filed consisting of the principal amount paid by the plaintiff of Rs.36,00,000/- plus interest.

(3.) In the application filed by the defendant for unconditional leave to defend the suit, it has been stated that inter alia the plaintiff failed to make arrangements for payment of the balance amount and that is why the defendant is entitled to retain the earnest money. The defendant has also alleged that the plaintiff has filed forged and fabricated document showing the receipt of Rs.18,00,000/-, which was actually never received.