RAVINDER KISHORE SINHA Vs. MANJULA BHUSHAN

JUDGEMENT

(1.) BY this Order, I shall dispose of the issue of maintainability of this suit as raised by defendant.

(2.) BRIEF facts relevant for the purpose of deciding this are that the plaintiff entered into an agreement with the defendant on 31st March, 2005 for sale of property bearing number E-1, East of Kailash ad measuring 500 sq. yards with all the construction thereon including basement, ground floor, first floor, second floor and the third floor (including terrace) as well as servant quarters. The parties agreed for total sale consideration of the entire property at Rs.6.15 crore. The property was lying mortgaged with Standard Chartered Bank as defendant had taken loan from the aforesaid bank on mortgaging the property and the loan amount showed balance payable by defendant of Rs.88.78 lac. The defendant had other needs and had agreed to sell the property. The relevant clauses contained in the agreement and having bearing on this issue read as under:

(3.) A reply was given to above response of the defendant wherein plaintiff reiterated its right to get the sale deed in respect of second floor and third floor and terrace executed in his favour. Regarding adjustment of entire amount of Rs.11 lac towards sale consideration of basement, first floor and ground floor it was stated that it was done with the consent of defendant and the plaintiff by this had not given up his right in sale of second floor, third floor with terrace in his favour. Regarding non-payment of interest @ 6% per annum it was stated that the interest was not paid on the suggestion of defendant herself who had told plaintiff to pay interest at one go along with sale consideration. It was also stated that defendant had not put plaintiff on notice to above interest amount and, therefore, it would be deemed that non-payment of interest was compounded by the conduct of the defendant. It was denied that a sum of Rs.1.6 lac, as alleged by the defendant was payable by the plaintiff to the defendant against sale consideration of even first transaction.