AMIT MIGLANI Vs. DINESH CHAUDHARY

JUDGEMENT

(1.) Present suit has been filed by the plaintiff for recovery of Rs. 3,45,00,000/- (Rupees Three Crore Forty Five Lacs only) against the defendant, alleging that the defendant had entered into a Bayana Agreement dated 25th July, 2012, claiming himself to be the sole and absolute owner of the Suit Property bearing Plot No.112-113, area measuring 500 sq. yds. part of Khasra No.11/21, situated in the area of Village Nilothi Colony, known as Nihal Vihar, Block - R, Nangloi, New Delhi. It is stated that the plaintiff had paid a sum of Rs.50,00,000/- (Rupees Fifty Lacs Only) to the defendant in cash on 25th July, 2012 which was duly acknowledged by the defendant by signing and executing the Bayana Receipt. It is also averred that apart from making the payment of Rs.50,00,000/- (Rupees Fifty Lacs Only) on 25th July, 2012, the plaintiff paid various part payments including Rs.40,00,000/- (Rupees Forty Lacs Only) on 29th September, 2012, Rs.30,00,000/- (Rupees Thirty Lacs Only) on 24th November, 2012, Rs.50,00,000/- (Rupees Fifty Lacs Only) on 27th November, 2012 and Rs.1,25,00,000/- (Rupees One Crore Twenty Five Lacs Only) on 11th December, 2012 in cash which were duly acknowledged by the defendant.

(2.) It is the plaintiff's case that in total it had paid a sum of Rs.2,95,00,000/- (Rupees Two Crores Ninety Five Lacs Only) to the defendant in pursuance to Bayana Receipt dated 25th July, 2012 and Agreement to Sell and Purchase dated 24th November, 2012.

(3.) It is further averred that the defendant had acknowledged the said payment on Bayana Receipt dated 25th July, 2012 (Ex.PW1/1) and Agreement to Sell and Purchase and separate Receipt dated 24th November, 2012 (Ex.PW1/2 and Ex.PW1/3).