RAMESH CHANDER Vs. SHIV INFRA PROMOTERS PVT LTD

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 ("CPC") is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 26.10.2016 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs. 4,30,860/- being interest for the period of delay from 29.9.2011 till 4.11.2011 with respect to encashment of the cheque for an amount of Rs. 1,82,01,960/-,and which cheque amount was the consideration with respect to selling of the property of the appellant/plaintiff to the respondent/defendant.

(2.) The facts of the case are that appellant/plaintiff sold his property being 1/5th share in agricultural land bearing khatoni no. 40/35, out of khasra nos. 27/5 (5-05), 28/1 (4-16), 2 (4-16), 3 (4-16), 4 (4-16), 5 (4-16), 6 (4-16), 7 (4-16), 8 (4-16) and 9 (4-16), total land 43 bighas 13 biswas situated in the area of village Chandpur, Delhi, to the respondent/defendant. The total sale consideration was Rs. 1,82,01,960/- and this was paid by the respondent/defendant/buyer by a cheque bearing no. 106335 dated 29.9.2011 drawn on Syndicate Bank, I.P. Estate, New Delhi. This cheque however on presentation was returned with the remarks that the account was blocked. Ultimately, the appellant/plaintiff represented the cheque which was cleared on 4.11.2011 and therefore claiming interest at 2% per month for the period of delay of encashment of the cheque, the subject suit was filed.

(3.) Though respondent/defendant originally contested the suit by filing written statement, however no evidence was led on behalf of the respondent/defendant. The respondent/defendant as per its written-statement denied any liability to pay interest on account of delay, including by pleading that there is no such agreement to this effect.