RAKESH CHANDER GOEL Vs. ATUL KUMAR

JUDGEMENT

(1.) The order dated 30.1.2015, whereby the objections filed by the petitioners/judgment-debtors have been dismissed, has been impugned in the present petition.

(2.) The facts as are evident from the record are that the petitioners entered into an agreement to sell on 19.2.2009 for sale of property named as Hotel Park Avenue with the respondent/plaintiff for a total sale consideration of Rs. 1,40,00,000/-. Earnest money of Rs. 20,00,000/- was paid. The last date for execution of sale-deed was fixed as 25.6.2009. The respondent filed a suit for possession by way of specific performance of agreement to sell on 18.7.2009 on the plea that the vendors failed to get the sale-deed registered. During the pendency of the suit, the petitioners/ defendants conceded the claim of the respondent/plaintiff and on the basis thereof decree was passed on 23.7.2010. The vendee still aggrieved filed appeal. During the pendency of the appeal, counsel for the vendee made a statement that the vendee will pay the balance sale consideration along with interest @ 12% per annum from 25.6.2009 till actual payment, for getting the sale-deed executed in his favour in terms of the decree passed by the trial Court on 'as is where is basis'. The payment shall be made within two months, otherwise the suit shall be deemed to have been dismissed. The appeal stood disposed of on 24.9.2014 in terms of the settlement between the parties. The respondent/plaintiff filed execution to get the sale-deed registered. The sale consideration mentioned in the draft sale-deed was Rs. 1,40,00,000/- to which the petitioners filed objections claiming that the saledeed should be got registered by mentioning the total sale consideration being received by them as per the settlement and not what was mentioned in the initial agreement to sell. The objections having been dismissed by the learned Court below, the order has been impugned in the present petition.

(3.) Learned counsel for the petitioners submitted that no doubt the agreement to sell was executed for sale of the property for a total sale consideration of Rs. 1,40,00,000/- and decree was passed by the learned trial court in terms thereof where the petitioners conceded the claim of the respondent/plaintiff. However, still dissatisfied, the vendee filed the appeal where the matter was settled. The respondent/plaintiff got his statement recorded that he will pay the balance sale consideration along with interest @ 12% per annum with effect from 25.6.2009 till actual payment for getting the sale deed executed in his favour in terms of the decree passed by the trial court on 'as is where is basis'. The total amount being paid by the respondent/ plaintiff for getting the sale deed registered becomes the sale consideration for which the property is being transferred to the vendee and that amount is required to be mentioned in the sale-deed. It is the total amount being received by the petitioners-vendors for sale of the property which becomes the sale consideration but with a view to save the stamp duty, the respondent is mentioning only Rs. 1,40,00,000/- in the draft saledeed.