KUSHAL K RANA Vs. MAKHAN SINGH & ORS

JUDGEMENT

(1.) The Plaintiff has filed the present suit for recovery for a sum of Rs.5,54,69,178/- against the Defendants Sh. Makhan Singh and Smt. Balbir Kaur @ Smt. Mohinder Kaur as also Sh. Sarwan Singh.

(2.) The Plaintiff had entered into a agreement to sell dated 1st October, 2012 with Defendants No.1 and 2 in respect of agricultural land measuring 8 Bighas 11 Biswa, Khasra Nos. 1572/2 (3-18), 1731 Min (4-13), situated in revenue Estate of Village Chattarpur, Tehsil Hauz Khas (Mehrauli), known as "Farm No.5, Mulberry Drive, DLF Chattarpur, New Delhi" (hereinafter "suit property"). As per the said agreement to sell, Defendants No.1 and 2 agreed to sell the suit property for a sum of Rs.10 crores to the Plaintiff. It is the case of the Plaintiff that he paid a total sum of Rs.4.25 crores to the Defendants, however, they refused to honour the commitments made under the said agreement to sell. Accordingly, he has preferred the present suit seeking recovery of the sum paid, along with interest.

(3.) The suit was listed on 14th October, 2015, on which date, summons were issued. On 9th December, 2016, the right of Defendant No.1 to file the written statement was closed. Defendant No.2 entered appearance on 10th October, 2017. Defendant No.3 failed to appear despite service. Hence, on 10th October, 2017, the right of Defendant No.3 to file written statement was closed. On 27th September, 2018, the following issues were framed: