VIRENDER KUMAR AWASTHI Vs. MAHENDER KUMAR

JUDGEMENT

(1.) The civil suit (CS No.345/2016) in which the impugned order dated 06.10.2017 was passed by the Additional District Judge (ADJ) was instituted by the respondent (plaintiff) against the petitioner (defendant) seeking recovery of Rs.6,00,000/-, the suit having been presented as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) founded on the agreement to sale and purchase dated 26.08.2016. The subject matter of the suit is immoveable property described as residential plot bearing No.RZF757/28, area measuring 100 sq. yds., which is part of Khasra No.47/20, situated in Rajnagar-II, Palam Colony, New Delhi-110 077.

(2.) The defendant had claimed to be the lawful owner and in physical possession of the said property and had agreed to sell it for a total consideration of Rs.60,11,000/- by the agreement dated 26.08.2016 to the plaintiff, acknowledging having received as an advance (earnest money) a sum of Rs.6,00,000/-, the balance being payable on or before 26.10.2016 when the possession of the property was to be handed over and the documents transferring right, title and interest were to be executed and registered.

(3.) It appears that the plaintiff had reasons to doubt the claim of the defendant about he being the exclusive owner of subject property and called upon the defendant to share the chain of documents conferring the title on him. The suit was filed, inter alia, on the grounds that the defendant failed to respond and since information had surfaced about certain other persons also laying a claim to the property on the basis of inheritance under the original owner Late Smt. Indra. The defendant was called upon to either provide a No-objection certificate from such other claimants or refund the earnest money and there being no response, the suit was filed for recovery of the said amount of money as debt.