JITENDER KUMAR GHAHLYAN Vs. VIRENDER SINGH @ FAUJI

JUDGEMENT

(1.) Heard.

(2.) Petitioner, Jatender Kumar Ghahlyan, has preferred this civil revision under Article 227 of the Constitution of India, against the order dated 19.5.2010, passed by Additional Civil Judge (Senior Division), Panipat, vide which he dismissed the application filed by him under Order 12 Rule 6 of the Code of Civil Procedure for passing of judgment and decree on the basis of the admissions made by the defendant in the written statement.

(3.) The petitioner-plaintiff filed civil suit for the recovery of Rs. 5,35,000/- along with interest, against the respondent-defendant, on the ground that defendant by claiming himself to be the owner in possession of the plot in dispute, measuring 400 square yards, agreed to sell the same in his favour, vide agreement dated 27.1.2006, at the rate of Rs. 3351/- per square yard and received Rs. 2,90,000/- as earnest money and the balance amount was to be paid at the time of the registration of the sale deed, for which the date was fixed as 10.5.2006. However, the defendant failed to execute the sale deed in his favour and never turned up on the date fixed for the registration thereof at the relevant place. In fact, the defendant was not the owner of the plot in dispute, and he practiced a fraud upon him and dishonestly induced him to pay the above said amount as earnest money. By this act of the defendant, he suffered a loss of Rs. 5,35,000/-.