SUBHASH CHAND GARG Vs. ROSHAN SETH

JUDGEMENT

(1.) The present suit for recovery of sum of Rs.2,28,65,000/- has been filed by the Plaintiffs against Defendants No.1 to 4. Defendant No.3 lays claim to the First Floor of the property bearing no.C-3/201, Janak Puri, New Delhi-110058 (hereinafter "suit property") on the basis of a registered Sale deed.

(2.) The case of the Plaintiffs is that the Plaintiffs who were looking to buy a property had explored purchase of the suit property. Defendants No.1 and 2 represented themselves as the owners of the property. After negotiations, two agreements to sell dated 4th February, 2016 and 18th March, 2016 were entered into. Under the said agreements, the total sale consideration was agreed as Rs.4.7 crores for the entire property. Various receipts were executed by the Defendants No.1, 2 and 4 and a total sum of Rs.1.64 crores was paid to the said Defendants. However, despite the Plaintiffs arranging the balance funds and consideration for payments, the Defendants No.1, 2 and 4 refused to execute the sale deed despite accepting a large sum of money. Thereafter, the Plaintiffs also came to know that in respect of the First Floor, some rights were created in favour of Defendant No.3. Under these circumstances, the Plaintiffs asked the Defendants No.1,2 and 4 to return the money which the said Defendants refused to do.

(3.) In view of the refusal by Defendants 1 to 4, the Plaintiffs registered a FIR with P.S. Janak Puri being FIR No.595/2016. Charge sheet was also filed. Defendants No.1, 2 and 4 were arrested. Thereafter the Defendants No.1, 2 and 4 sought bail and in the bail application proceedings, a settlement was arrived at between the parties. The order dated 4th May, 2017 passed by Special Judge Sh. Harish Dudani, Dwarka Courts, New Delhi recorded the settlement which reads as under: