RAMCHAND NARIANDAS Vs. ANIL JOLLY

JUDGEMENT

(1.) HEARD the Advocates. Counsel for the Plaintiff prays for grant of prayer (b) pertaining to injunction only against the Defendants and he did not press the prayer for Receiver.

(2.) THE suit is for declaration and for specific performance of Agreement and for possession. The Advocate for the Plaintiff gave a synopsis and chronology to support his arguments. I have retained it on record. It is the case of the Plaintiff that there was Agreement for sale of Jolly villa between the Plaintiff and the Defendant No.6. The sale price was fixed at Rs.30.00 lakhs out of which plaintiff paid Rs. 11,86,000/- and Rs.1,95,000/-. The case of the Plaintiff is based on oral Agreement and the only thing that is fortified by him in support of his oral Agreement is Payment of the amount of Rs.13,81,000/-.

(3.) WHEN the Plaintiff bases his entire claim on oral Agreement and this oral Agreement preceded and followed by other relevant things not supported by any documents excepting the payment of certain amount, then burden heavily lies on the Plaintiff to prove all these facts even at this prima facie stage.