RAJESH KUMAR DABAS & ANR Vs. RAJPATI

JUDGEMENT

(1.) No one appears for the respondent, although the respondent is served. The matter was passed over for the presence of the respondent but even after a pass-over no one appears for the respondent. It is noted that in fact respondent did not appear in the suit in the trial court, and was proceeded ex parte.

(2.) When notice was issued in this appeal on 02.11.2018, a limited notice was issued, and this order dated 02.11.2018 reads as under:-

(3.) It is seen that the appellants/plaintiffs had proved the Agreement to Sell dated 19.05.2011 as Ex.PW1/1 and Receipt as Ex.PW1/2, and these documents showed that the respondent/defendant had received a sum of Rs. 3,00,000/-. The appellants/plaintiffs have thereafter paid a sum of Rs. 1,00,000/- on 24.06.2011, and which has been proved in terms of the Receipt/Ex.PW1/3. The appellants/plaintiffs thereafter paid an amount of Rs. 25,000/- by cheque, and Rs. 25,000/- by cash, thus totalling to an amount of Rs. 4,50,000/- paid by the appellants/plaintiffs/buyer to the respondent/defendant/seller.