RADHEY SHYAM Vs. VARSHA YADAV

JUDGEMENT

(1.) Shri Radhey Shyam, Appellant/Plaintiff (hereinafter "Plaintiff") entered into an Agreement to Sell dated 16th January, 2011 with the Respondent/Defendant Smt. Varsha Yadav (hereinafter 'Defendant') for sale of property admeasuring 300 square yards (60 ft. x 45 ft.) in Khasra No. 559 which is situated in the area of village Bhalswa, Jahangirpuri, Delhi, known as Rajiv Nagar Extension Delhi (hereinafter "Suit Property) for a total sale consideration of Rs.29,50,000/-.

(2.) The document executed was called as Bayana (Ikrar Nama). The same is admitted by parties and is exhibited as Exhibit-P-1. It is claimed that that the Defendant had also handed over the survey plan of the area identifying the suit property which was marked as Exhibit PW-1/1. The background link documents by which Smt. Varsha Yadav had purchased the suit property i.e. the General Power of Attorney, Agreement to Sell, Deed of Will, receipt of possession letter executed by one Shri Laxmi Narain were also handed over to the Plaintiff and were marked as Exhibit P-3 to P-8.

(3.) The payment of Rs.3,00,000/- is admitted. As per the Agreement, the balance sale consideration of Rs.26,50,000/- was to be given to the Defendant at the time of the execution of the sale deed and other documents. The last date for the execution of sale deed was fixed as 16th April 2011. However, in February, the Defendant contacted the Plaintiff and requested that a sum of Rs.8,00,000/- be paid by 25th February, 2011. This request of the Defendant was acceded to, by the Plaintiff, and a sentence was added to the Agreement to the following effect (Aath lakh rupye 25.02.2011 ko dene hai). Thus far the facts are not disputed.