MOHAN BUILDMART P. LTD Vs. HITESH KUMAR

JUDGEMENT

(1.) None appeared for the defendant despite passover.

(2.) The plaintiff has instituted this suit for recovery of Rs. 5,41,27,154/- with pendente lite and future interest, claiming that (i) the defendant vide Agreement to Sell dated 17th April, 2013, as amended on 19th April, 2013, had agreed to sell his 1/3rd share admeasuring 27 Bighas 19 Biswas in Khatta No. 44/46, Killa No. 4/22(4-8), 23(4-16), 24(4-16), 25/1(2-8), 20/20/2(2-13), 21/1(2-3), 21/21/24(4-1), 25/2(4-2), 28(0-4), 24/3(4-12), 4(4-16), 7(4-16), 8(4-16), 13(4-16), 18/1(1-10), 24/18/2/1(2-16), 27(0-4), 102(11-1), 172(1-15) total ad-measuring 83 Bighas 18 Biswas in village Khera Dabar, Najafgarh, Delhi; (ii) the plaintiff in pursuance to the aforesaid Agreement to Sell paid advance consideration of Rs. 4,15,56,354/- to the defendant out of the total agreed sale consideration informed to be of Rs. 21,55,63,540/-; (iii) the defendant however avoided to take steps for getting No Objection Certificate (NOC) from the Competent Authority and/or for complying with the other formalities necessary for execution of the Sale Deed; (iv) the plaintiff had got issued a letter dated 11th January, 2014 to the defendant calling upon the defendant to perform his part of the Agreement to Sell; (v) the defendant in his reply dated 14th February, 2014 claimed forfeiture of Rs. 4,15,56,354/-; (vi) the plaintiff got issued another notice dated 18th February, 2014 to the defendant controverting the claim of the defendant and claiming refund of the advance paid with interest; (vii) a suit was filed in the District Court, Dwarka by a third party against the defendant for specific performance of the agreement to sell, of the same land, claimed to have been executed by the defendant with that third party and the plaintiff was also impleaded in the said suit; vide interim order in the said suit filed by the third party, the defendant No. 1 was restrained from alienating the land; (viii) it was also learnt that the wife and child of the defendant were also claiming rights against the defendant in the subject land; and, (ix) the plaintiff is thus entitled to refund of advance sale consideration of Rs. 4,15,56,354/- together with interest at 9% per annum thereon amounting to Rs. 1,25,70,800/- till the institution of the suit. Hence, the suit claim for Rs. 5,41,27,154/-.

(3.) The suit was entertained and summons thereof ordered to be issued.