DEEPAK LAMBA Vs. SHASHI MALIK

JUDGEMENT

(1.) This is an appeal against the impugned judgment and order dated 4th March, 2017 by which the suit for recovery filed by the Plaintiff in respect of property bearing No.1215, Pocket C2, Sector-28, area measuring 32 sq. mtrs. in Rohini, was dismissed.

(2.) An Agreement to Sell dated 12th May, 2014 was executed between the Plaintiff and the Defendant by which the Defendant had agreed to sell the suit property for a total consideration of Rs.45, 51, 000/-. Out of the said amount, a sum of Rs.4 lakhs was paid to the Defendant. The remaining amount was to be paid on or before 12th September, 2014. Along with the Agreement to Sell a Receipt for Rs.4 lakhs was also issued. The Agreement to Sell was not registered. Relevant clauses of the Agreement read as under:

(3.) And whereas the Deal is through M/s Bhasin Properties (H-18/1 Shop No. 5, Sector-7, Rohini, Delhi-110085)