KRISHAN KUMAR Vs. MAHESH CHANDER

JUDGEMENT

(1.) These two second appeals before this Court eventually arise out of two suits filed by the parties to the lis, against each other. The first suit (from whch RSA no.4071 of 2018 arises), was instituted by Krishan Kumar and Mahabir Singh (Krishan Kumar being the appellant in both these two appeals, with Mahabir Singh having been impleaded as a proforma respondent in both of them).

(2.) The 2nd suit, from which arises, was instituted by Mahesh Chander against the two plaintiffs in the first suit. In his suit, he sought a recovery of Rs.3 lakhs, alongwith interest thereupon, from Krishan Kumar and Mahabir Singh, on the ground that it was part of the sale consideration that had been agreed to be paid for the property, but remain unpaid, in respect of which a separate agreement was drawn up immediately after a sale deed dated 11.05.2007 was executed (with the agreement having been executed on the same date itself).

(3.) As per the case of plaintiff Mahesh Chander, KK and Singh purchased a shop from him measuring 35 sq. yds. on 11.05.2007, vide sale deed no.1424, the property being situate at Old Jhajjar Road, Bahadurgarh, with possession also having been delivered by him to the vendees on the same date, but with his contention being that at the time of execution of the sale-deed, Rs.5 lacs were paid less than the amount settled, despite which he, in good faith, got the sale deed registered in their favour. It was further stated that in respect of the shortfall of Rs.5 lacs, a written agreement was also executed on the same date after execution of the sale deed, with both the parties having signed this agreement in the presence of a witness, and they were therefore bound by it.