MANOJ GUPTA Vs. MUNNA LAL SADH

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 15.9.2004, by which trial court has decreed the suit for specific performance filed by the respondent/plaintiff and has directed the appellant/defendant to execute the sale deed with respect to the suit property being the ground floor and the first floor of the property no. 254, part of Khasra No. 378, measuring 160 sq. yards, Masjid Moth, New Delhi.

(2.) (i) The facts of the case are that the respondent/plaintiff filed the subject suit for specific performance of the suit property pleading that appellant/defendant had on 18.8.2000 received the total sale consideration of Rs.15 lacs and had executed the following documents in favour of the respondent/plaintiff:-

(3.) Appellant/defendant contested the suit and filed his written statement alleging that the transaction in question was not a transaction of transfer of rights in the suit property by the appellant/defendant to the respondent/plaintiff but the relevant documents dated 18.8.2000 were executed in favour of the respondent/plaintiff only as a security for loan of Rs.15 lacs which the appellant/defendant was to take from the respondent/plaintiff for a new project of construction which the appellant/defendant was engaged in. Appellant/defendant also pleaded that respondent/plaintiff took three blank cheques as security for the loan, but, the respondent/plaintiff not only did not give the loan but also did not give back the documents dated 18.8.2000 which were executed by the appellant/defendant in favour of the respondent/plaintiff. Hence dismissal of the suit was prayed for.