STATE OF PUNJAB Vs. RAJIV KHANNA

JUDGEMENT

(1.) This is defendant's second appeal against the judgment of reversal rendered by the First Appellate Court vide which the judgment and decree of the trial Court dismissing the suit of the plaintiff for recovery of Rs.91,050/- along with interest was set aside. Resultantly, suit of the plaintiff has been decreed.

(2.) Brief facts leading to the filing of the instant regular appeal may be noticed first.

(3.) The plaintiff purchased one plot no. 8 situated at Sabzi Mandi area Abohar from Administrator, New Mandi, Township, Punjab in an open auction on 19.01.1986 for an amount of Rs. 39,000/-. After approval to the auction by the Administrator, a sum of Rs. 9750/- was paid as earnest money at that point of time and remaining amount was to be paid in instalments. On payment of entire sale consideration of Rs. 39,000/-, the plot was to be registered in the name of plaintiff. It is the case of the plaintiff that he purchased stamp papers for the registration of sale deed in his favour on 25.08.2008, but defendant no. 2 refused to get the sale deed executed, without the payment of advalorem fee on the market rate instead of auction amount. The plaintiff was forced to pay an amount of Rs. 80,880/- on which registration fee of Rs. 10,170/- was also charged, taking the total to Rs. 91,050/-. The plaintiff sought to recover the said exorbitant amount by serving a notice under Section 80 CPC, but to no avail. Hence, the suit was filed for recovery of Rs.91,050/- along with interest.