RAJEEV K GOEL Vs. NARAYAN D KOTLIA

JUDGEMENT

(1.) The plaintiff has filed a suit for specific performance, permanent and mandatory injunction or in lieu thereof for recovery of damages. The dispute pertains to a Receipt-cum-Sale Agreement dated 12.1.2006 in respect of shop office on the first floor, Manish Plaza, Mayur Vihar-II, Delhi-110091. The receipt is for a sum of Rs.2.00 lakh as advance payment against a total consideration of the said shop of Rs.38.50, leaving a balance of Rs.36.50 lakh. The schedule for the balance amount is as under: <FRM>JUDGEMENT_1492_ILRDLH16_2007Html1.htm</FRM>

(2.) The Receipt-cum-Sale Agreement has been signed by both the parties and is on the papers of M/s. Goel Associates, the brokers.

(3.) It is the case of the plaintiff that the commitment for payment of the first installment of Rs.5.00 lakh was fulfilled by handing over cheques for the said amount to the brokers on 21.1.2006. The cheques were not encashed. The plaintiff has placed on record a communication dated 2.3.2006 addressed to the defendants informing them about the fact that though the plaintiff had paid a sum of Rs.5.00 lakh vide two cheques of Rs.2.00 lakh and Rs.3.00 lakh, the same had not been encashed. The letter further states that the second installment of Rs.16.50 lakh was ready, requesting encashment of the two cheques issued earlier and expressing the readiness and willingness of the plaintiff to comply with the terms of the agreement.