MAHENDER VIRMANI Vs. BALBIR SINGH DUGGAL & ANR

JUDGEMENT

(1.) The appellant has filed two appeals being aggrieved by the common judgment and decree dated 20.10.2006 passed by the learned Additional District Judge, Delhi whereby the Suit no.120/06/99 filed by the appellant-Mahender Virmani was dismissed whereas Suit no.125/06/99 filed by the respondents- Balbir Singh Duggal and others was decreed in their favour.

(2.) It is apparent from the record that two suits were filed by the parties against each other. Suit no.120/06/99 was filed by the appellant-Mahender Virmani against the respondents-Balbir Singh Duggal and others. The said suit was filed for specific performance of contract. Suit no.125/06/99 was filed by the respondents herein-Sh. Balbir Singh Duggal and others against the appellant-Mahender Virmani. The said suit was filed for ejectment and recovery of damages. Both the suits were decided by a common judgment under challenge.

(3.) The facts in brief are that the appellant alleged that an oral contract was entered into between him and Sh.S.S. Duggal, father of the respondent-Balbir Singh Duggal on 24.04.1999 for the purchase of property bearing No.B-134, Duggal Colony, Devli Road, Khanpur, New Delhi comprising of ground, first and second floors measuring about 130 square yards for the total consideration of Rs.4,70,000/-. An amount of Rs.80,000/- was paid to Late Shri S.S Duggal by means of two post dated cheques bearing no.152201 and 152202 dated 22.04.1992 and 23.04.1992 respectively drawn on Punjab National Bank of Rs.40,000/- each. The appellant was handed over the vacant and peaceful possession of the suit premises. According to the appellant, he had made the payment of the amount of Rs.3,90,000/- on various dates and all the cheques were encashed by the respondents. After making the entire payment, he had asked late Sh.S.S. Duggal to execute the sale deed and other documents in favour of the appellant and he assured the appellant that he will execute the aforesaid documents in his favour in the next few days. It was unfortunate, that Sh.S.S. Duggal expired on 20.09.1996. According to the appellant, he had asked a number of times to the respondents to execute the documents in respect of the suit property but the respondents had not executed the same. Rather, respondent no.1 filed a suit for ejectment and recovery in the court of Ld. Addl. District Judge, Delhi vide suit no.165/99.