MUKESH KUMAR JAIN Vs. AJAY PAL SINGH

JUDGEMENT

(1.) This is a plaintiffs' second appeal challenging the judgement and decree dtd. 10/10/2006 passed by the Additional District Judge, Court No. 10, Meerut in Civil Appeal No. 71 of 2006 which arose out of the judgement and decree dtd. 29/3/2006 passed by the Additional Civil Judge (Senior Division), Court No. 6, Meerut in Original Suit No. 49 of 1998.

(2.) The suit properties in Original Suit No. 49 of 1998 are House Nos. 296 and 298 Indira Nagar, Delhi Road, Meerut. The previous numbers of the suit properties were House Nos. 334/3 and 334/6, which were subsequently renumbered as House Nos. 158Kha and 159Ka.

(3.) The facts of the case are that the defendant No. 1, Ajay Pal Singh, was the owner of the suit property. On 6/10/1997 the defendant No. 1 executed an agreement to sale regarding the suit property in favour of the plaintiffs. The sale consideration agreed in the agreement to sale was Rs.3,50,000.00. Rs.50,000.00 was paid as earnest money by the plaintiffs to the defendant No. 1. The sale-deed was to be executed by 27/12/1997 on payment of balance amount. The agreement further provided that the stamp duty payable on the sale-deed and the registration charges shall be shared equally by the vendor and the vendee, i.e., the plaintiffs and defendant No. 1.