KARAN LUTHRA Vs. SH M K SUBBA

JUDGEMENT

(1.) Ia No.1689/2018 & IA No. 3991/2018

(2.) Ia No.3991/2018 is filed under Order 39 Rule 4 CPC by defendant seeking vacation of the interim order.

(3.) The suit is filed seeking specific performance of Agreement to Sell dated 07.06.2011 in respect of the aforenoted suit property. It is stated that as per the Agreement to Sell the agreed consideration was Rs.10, 50, 00, 000/-. Initially parties entered into an oral agreement to sell in the month of March 2011. Out of the agreed sum of Rs.10, 50, 00, 000/- the plaintiff paid a sum of Rs.3, 00, 00, 000/- by cheque on 25.5.2011 and an amount of Rs.50, 00, 000/- in cash. Thereafter on 7.6.2011 the formal Agreement to Sell was executed and the balance amount of Rs.7, 00, 00, 000/- was paid by the plaintiff to the defendant by cheque. Hence, it is pleaded that the plaintiff has paid the entire sale consideration of Rs.10, 50, 00, 000/- on 07.06.2011.