AJIT PAL SINGH BINDRA Vs. BHARAT BHUSHAN CHADHA

JUDGEMENT

(1.) I.As. 4533/2017 (u/O VII Rule 11 CPC), 13083/2017 (u/O XXXIX Rule 4 CPC)

(2.) As per the said receipt-cum-agreement, the Plaintiff had paid to the Defendant a sum of Rs. 5 Lakhs as advance sale consideration. The total sale consideration amount was Rs. 4,11,00,000/-, which was to be paid within 90 days i.e. on or before 23rd May, 2011. As agreed in the above receipt, the Plaintiff paid to the Defendant a further sum of Rs. 35 Lakhs vide demand draft dated 26th February, 2011 and on 24th May, 2011, a further sum of Rs. 25 Lakhs (Rs.20 Lakhs in cash and Rs. 5 Lakhs by way of cheque) was also paid. Remaining amount was, however, not paid. It is the Plaintiff's case that the Defendant had to hand over the complete vacant and peaceful physical possession and also execute sale deed before 24th May, 2011 which he did not do. The Plaintiff claimed that he issued letters dated 7th July, 2011 and 20th July, 2011, however, the Defendant did not honour his commitment. Thereafter, the Plaintiff got issued legal notice dated 3rd November, 2011 calling upon the Defendant to execute the sale deed upon the receipt of the sale consideration. However, vide reply dated 14th November, 2011, the Defendant took the stand that some part of the property was tenanted and the property was agreed to be purchased by the Plaintiff on 'as is where is basis'. Thus, there were disputes between the parties which led to the filing of the present suit.

(3.) The suit was filed and listed on 22nd December, 2014 for the first time and there was no interim injunction sought at that stage. After almost two years i.e. on 30th September, 2016, an application for interim injunction was filed by the Plaintiff. Same was listed on 17th April, 2017 on which date statement of learned counsel for Defendant was recorded that no third party interest would be created in the suit property till disposal of the suit.