M K SUBBA Vs. KARAN LUTHRA

JUDGEMENT

(1.) Cav.No.606/2018

(2.) Ld. Single Judge has found that the respondents have established a prima facie case in the suit wherein a prayer was made for specific performance of an agreement to sell dated 7th June, 2018. The ld. Single Judge has observed that the transaction of loan set-up by the appellant/defendant in the suit of Rs.12 crores was its defence which had to be proved.

(3.) Inasmuch as the plaintiff has asserted that the loan transaction was a contract independent of the agreement to sell; that the plea of the defendant that he had returned the loan amount of Rs.11.6 crores between 17th December, 2012 to 28th February, 2014; that the repayments having been made without supporting documentation recording the same, these pleas had to be proved and required evidence during trial.