SMT. KIRAN CHOPRA Vs. KANWAL KISHORE

JUDGEMENT

(1.) By means of this appeal, the challenge herein is to the judgment and order dated 18.7.2011 rendered by the Civil Judge (Sr. Div.), Haridwar in Original Suit No. 161/2008, whereby the suit was dismissed. The facts, shorn of unnecessary details, are that a registered agreement for sale was executed on 24.8.2006 between Sri Kamal Chopra (the purchaser of the property in question) and Kanwal Kishore (the owner and vendor of the property). Total consideration of the transaction was Rs. 20,31,000/ - and that had been paid vide cheques no. '874599' dated 15.4.2006 worth Rs. 5,00,000/ - and another cheque no. '886043' dated 23.8.2006 worth Rs. 5,31,000/ -. This amount of Rs. 10,31,000/ -, out of the sale consideration, had been paid by Mr. Chopra to the defendant before or at the time of execution of this registered agreement to sale and rest of the consideration worth Rs. 10,00,000/ - had to be paid vide two other cheques. These cheques were bearing no. '886044' dated 1.10.2006 worth Rs. 5,00,000/ - and another bearing no. '886045' dated 25.12.2006 worth Rs. 5,00,000/ -. Thus, the rest of the consideration of the transaction had to be satisfied by the post -dated cheques, as indicated above, and such cheques had been issued at the time of execution of the agreement itself.

(2.) Other important stipulations, inter alia, in the agreement were that the vendor will harvest the existing crop of sugarcane and the trees of poplar and eucalyptus (as it then was) and after such harvesting, he will execute the sale deed by 15.1.2007 and will receive the remaining consideration of Rs. 10,00,000/ - through the cheques, as has been aforementioned. The possession on the property, in question, had to be delivered at the time or after the execution of the registered sale deed. The most crucial was the condition no. 4, as it was depicted in the agreement, that if the purchaser does not get the sale deed executed up to 15.1.2007 after the payment of the cheques worth Rs. 10,00,000/ - (Rs. 5,00,000/ - + Rs. 5,00,000/ -), then in such eventuality, the total earnest money would be deemed to have been forfeited and the transaction will be considered as cancelled. It was further stated that for any reason, whatsoever, if the payment of these two cheques is not received, then also this agreement dated 24.8.2006 shall also be considered to have been cancelled. The defendant vendor submitted the first cheque no. '886044' dated 1.10.2006 in his bank on 3.10.2006, but it was dishonoured by the bank on 12.10.2006 on account of insufficient funds and, accordingly, the information was extended to the defendant.

(3.) As the last date 15.1.2007 for execution of the sale deed was arriving, so a notice dated 13.1.2007 was sent (through telegram) by the plaintiff asking the defendant to execute the sale deed. It has been averred by the plaintiff that he remained ready for execution of the sale deed and had kept readied two bank drafts of Rs. 5,00,000/ - each, total Rs. 10,00,000/ -, of the remaining consideration, which were prepared by him on 13.1.2007 itself for making payment to the defendant, but he did not respond in any manner.