J C DEY Vs. D C BANERJEE

JUDGEMENT

(1.) The present appeal has arisen out of the judgment passed by the Additional District Judge, Delhi in Suit No. 174/03/98 on 22.1.2005, wherein the learned ADJ has dismissed the suit of the plaintiff/appellant with costs of Rs.50,000/-

(2.) The brief facts of the case as submitted by the appellant are that the respondent/defendant has entered into an agreement to sell the suit property bearing no. E.960, Chittaranjan Park, New Delhi to the plaintiff/appellant on 11.7.1995 for consideration of Rs.55 lacs. The appellant paid a sum of Rs.3 lacs as advance amount to the defendant vide cheque nos. 036737 dated 11.1.1996, 03642 dated 06.2.1996 and 036745 dated 02.3.1996 for Rs.1 lac each. It is also urged on behalf of the appellant that a sum of Rs.15 lacs in cash was also paid by the plaintiff to the defendant on different occasions vide proper receipts duly signed by the defendant.

(3.) It is further the case of the appellant that he deposited a sum of Rs.24,974/- vide pay order no. 180206 dated 24.7.1996 of Punjab National Bank, Alaknanda, Kalkaji, New Delhi with L&DO, a competent authority for converting the suit property from lease hold to free hold. It is further submitted that after entering into agreement to sell with the respondent, the appellant further entered into another agreement to sell with one Vinod Chawla, son of Mr. B.R. Chawla, r/o 177, Golf Links, New Delhi on 13.9.1996 whereby he agreed to sell the suit property to Sh. Vinod Chawla.