PRAKASH MALHOTRA Vs. JITENDER MALHOTRA & ANR

JUDGEMENT

(1.) The Appellant/Plaintiff (hereinafter "Plaintiff") filed a suit for specific performance, possession and permanent injunction in respect of property bearing Shop No. 35, Edward Lines, Kingsway Camp, Delhi-110009 measuring 23.8 sq. yds. The property consisted of a built up portion of ground, first and second floor. Agreement to sell dated 23rd September, 2006 (Ex.P-1) was entered into between the Plaintiff and the Respondents/Defendants (hereinafter "Defendants") for a consideration of Rs.60,00,000/- (Rupees Sixty Lakhs Only). At the time of signing of the agreement, a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) was paid.

(2.) The documents executed along with the agreement to sell including a receipt for Rs.8,00,000/- (Rupees Eight Lakhs Only) dated 23rd September, 2006 (Ex.P-2). Thereafter another sum of Rs.2,00,000/- (Rupees Two Lakhs Only) was paid by the Plaintiff to the Defendants which is duly acknowledged in receipt dated 3 rd November, 2006 (Ex.PW-3). The last date for completion of the transaction was 1 st June, 2008. Thereafter on 10th April, 2007 when the document was executed between the parties which acknowledged receipt of a sum of Rs.22,00,000/- (Rupees Twenty Two Lakhs) (part of Ex.PW-4). A further sum of Rs.2,00,000/- (Rupees Two Lakhs Only) was paid on 14th October, 2007 by the Plaintiff. The receipt dated 10th April 2007 reads as under:

(3.) The last date to finalize the transaction was 1 st June, 2008. Since the transaction was not finalized, the Plaintiff gave notice dated 7 th July, 2008 (Ex.P-5) to the Defendants by which the Plaintiff called upon the Defendants to fulfill the contractual formalities in respect of the suit property. In reply to the said notice, the Defendants took the stand that they no longer intended to sell the suit property. Relevant portion of the reply of the Defendants dated 16th July, 2008 (Ex.P-6) is set out below: