RAJEEV KUMAR Vs. PRABH SARAN SINGH CHADHA

JUDGEMENT

(1.) Both these regular second appeals have been filed by the defendant of the case - one against dismissal of his counter-claim; and the other against decreeing of the suit of the plaintiff-respondent.

(2.) In order to avoid confusion, parties shall be referred as per their status before the trial Court concerned.

(3.) Subject matter of dispute is Industrial plot No.317, Industrial Area, Phase II, Panchkula, admittedly owned and possessed by Plaintiff -Prabh Saran Singh Chadha (respondent herein). It is undisputed that vide an agreement to sell dtd. 15/12/2004, owner-plaintiff Prabh Saran Singh Chadha agreed to sell the said plot to the defendant Rajiv Kumar (appellant herein) for total consideration of Rs.70.00 lakh. An amount of Rs.16.5 lakh was paid as earnest money in cash against a receipt executed on the back side of the agreement to sell. Later on, an amount of Rs.50,000.00 was paid. On 28/1/2005, another amount of Rs.8.00 lakh was paid by the defendant to the plaintiff, thus making the total earnest amount as Rs.25.00 lakh.