NAVNEET KARNWAL Vs. DINESH KOTHARI & ANOTHER

JUDGEMENT

(1.) Having heard learned Counsel for the parties, it transpires that an unregistered agreement to sell dated 2.6.2012 was executed between the co-owner of the property Jasveer Singh (defendant no. 2) and the prospective purchaser of the same Navneet Karnwal (plaintiff in Original Suit No. 84/2012). Pursuant to such agreement, out of the total sale consideration of rupees one crore thirty five lakhs, rupees forty five lakhs are said to have been given to Jasveer Singh by the said purchaser, wherefor no receipt was ever issued by Mr. Singh to Mr. Karnwal. Needless to say that this amount is said to be given by Mr. Karnwal to Mr. Singh unaccounted. It was agreed between the parties that on payment of rest of the consideration, such sale deed shall be executed up to 1.9.2012.

(2.) It was also stated in the enclosed affidavit of such agreement, deposed on the same date, that part possession of such property was handed over to the purchaser. It can also be mentioned that this property was jointly owned by Jasveer Singh and his wife Smt. Parvinder Kaur. Such property was also mortgaged/under encumbrance with some bank by Jasveer Singh and his wife. All the same, Jasveer Singh allegedly received the said amount of consideration from Navneet Karnwal. Later on Jasveer Singh executed a power of attorney in favour of Dinesh Kothari to deal with such property, who began interfering in the possession of Navneet Karnwal. So, there arose the need to institute the suit, as mentioned above, seeking injunction against Jasveer Singh and Dinesh Kothari.

(3.) It is alleged that property is jointly owned by Jasveer Singh and his wife. Their names are also been shown in the Nagarpalika assessment, which is available in the lower court record.