VEENA TALWAR AND OTHERS Vs. HARKESH AND ANOTHER

JUDGEMENT

(1.) The appellants-plaintiffs have not been successful in defending the appeal preferred by the defendants whereby the suit for recovery filed by the plaintiffs, which was decreed by the trial Court, has been dismissed.

(2.) The plaintiffs claimed recovery of Rs. 38,000.00 along with interest from the date of execution of the agreement to sell dated 01.10.2008 registered in the office of Sub Registrar. The suit property was agreed to be sold for a total sale consideration of Rs. 21 lacs per care and in lieu thereof, defendants had received a sum of Rs. 3,80,000.00 i.e. Rs. 3 lakhs vide DD NO.000571 and Rs. 80,000.00 in cash. As per the terms and conditions of the agreement to sell, the land was to be partitioned by the seller before the execution and registration of the sale deed i.e. 01.01.2009. Despite the fact that plaintiffs marked presence before the office of Sub-Registrar, defendants did not come forward and in the absence of fulfillment of the terms and conditions of the agreement vide legal notice dated 21.09.2011, earnest money of Rs. 3,80,000.00 was sought to be returned.

(3.) The defendants opposed the suit and stated that they never agreed to partition the land in dispute prior to the execution of the sale deed on the agreed date. Defendants appeared before the Registrar but the plaintiffs did not come forward. The date for execution and registration of the sale deed was extended to 20.01.2009 and separate writing to this effect was also recorded.