CHAITANYA KOCHAR Vs. HARSH SEHGAL

JUDGEMENT

(1.) The Respondent/Plaintiff (hereinafter "Plaintiff") Sh. Harsh Sehgal filed a suit for recovery of Rs.20 lakhs against the Defendant Sh. Chaitanya Kochar along with pendente lite and future interest. The Trial Court decreed the suit vide judgment dated 22nd January, 2016. The present first appeal has been preferred impugning the said judgment by the Defendant/Appellant (hereinafter "Defendant).

(2.) The background of the case is that a transaction was entered into between the parties in respect of purchase of property bearing no.53, Pocket-B5, Sector-7, Rohini, Delhi-110085 ad measuring 31.69 sq. mtrs. having 21/2 storey built up (hereinafter "suit property"). The Bayana receipt dated 1st May, 2009 recorded the agreement between the parties. The same is exhibited as Ex.PW-1/1. The total sale consideration agreed was Rs.34,75,000/- out of which Rs.10 lakhs bayana amount was paid by the Plaintiff to the Defendant. The Bayana Agreement is signed by the Defendant and is also signed by the purchaser i.e. the Plaintiff and two witnesses, namely, Sh. Dheeraj and Sh. Pawan Arora.

(3.) The case of the Plaintiff is that the Bayana amount of Rs.10 lakhs was given on 1st May, 2009. Rs.6,50,000/- was paid vide two cheques and Rs.3,50,000/- was paid by cash. There is no dispute that the two cheques were encashed by the Defendant. The balance sale consideration of Rs.24,75,000/- was to be paid and the transaction was to be completed by 15th June, 2009. At the bottom of the Bayana receipt, a note was added "15 days grace period on Bank's request will be given which will sanction loan or housing finance". The translated text of the Bayana receipt is set out herein below: <FRM>JUDGEMENT_114_LAWS(DLH)7_2018_1.html</FRM> <FRM>JUDGEMENT_114_LAWS(DLH)7_2018_1.html</FRM>