RATAN SHARMA Vs. EASHWAR SRI KUMAR & ANR

JUDGEMENT

(1.) Crl.M.A.13336/2012 in O.M.P. 447/2010

(2.) As per the Petitioner, vide MoU dated 6th June, 2006, the Respondents had agreed to sell property bearing no.201, B-2/10, Safdarjung Enclave Extension, New Delhi to the Petitioner for a consideration of Rs. 5.35 crores. According to the Petitioner, he had paid a sum of Rs. 1.25 crores as token money which was confirmed vide receipt dated 28th May, 2006. The token money was paid prior to execution of the MoU. According to the Petitioner, the Respondents had purchased the property which consisted of Basement, Ground Floor, First Floor and Second Floor vide four registered sale deeds from separate owners.

(3.) At the time of entering into the MoU, it is the allegation of the Petitioner that the Basement, Ground Floor and Second Floor of the suit property was occupied by a tenant through a registered lease deed dated 10th December, 2003 which was for a period of three years. At the time of entering into the MoU, the possession of the Second Floor was thus, given to the Petitioner. Thereafter, the Petitioner continued to request for execution of the sale deed of the remaining floors. However, the possession was not given and it is the case of the Petitioner that the Respondents expressed their inability to execute the sale deeds and offered to return back the sum of Rs. 1.25 crores along with interest of Rs. 20 lakhs i.e. total of Rs. 1.45 crores. Accordingly, a sum of Rs. 20 lakhs was paid back by the Respondents on 27th March, 2008 and an amount of Rs. 80 lakhs was paid to the Petitioner on 28th March, 2008 by bank transfer. Thus, a total sum of Rs. 1 crore was paid back to the Petitioner and upon the payment of remaining amount of Rs. 45 lakhs, the Petitioner was to give back the possession of the Second Floor to the Respondents.