RIVIERA APARTMENTS P LTD Vs. RATTAN GUPTA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) RESPONDENT No. 1 Ratan Gupta, the plaintiff had booked a flat with the appellant and had paid Rs. 15,00,000/- on various dates to the appellant. Having received back Rs. 15,00,000/- and having executed a receipt, ex. PW-1/dx1, as also having executed a no claim certificate, Ex. PW-1/dx2, both dated 30. 11. 1996 he proceeded to file a suit for recovery of Rs. 7,12,000/-impleading appellant as defendant No. 1 and one Rajiv Kumar as defendant No. 2. He stated in the plaint that notwithstanding the receipt and the no claim certificate recording a full and final settlement between the parties, it was agreed between him and the appellant that he would be paid interest on rs. 15,00,000/- which he had paid from time to time to the appellant interest being @ 24% per annum and that apart from the payments made by cheque to the appellant he had paid Rs. 2,00,000/- in cash at the time of booking of the flat which amount was stated to have been agreed to be repaid to him. Defendant No. 2 was stated to be the broker who had finalized the deal.

(3.) IN this manner, claiming Rs. 5,12,000/- as the stated interest and Rs. 2,00,000/- as return of the advance payment stated to have been paid in cash, suit was filed for recovery of Rs. 7,12,000/ -.