BHABHUTI SINGH TYAGI Vs. SATYA PRAKASH

JUDGEMENT

(1.) This Appeal has been preferred against the Judgment and Decree passed by the Ld. Addl. District Judge, Faridabad in Civil Appeal No.69 of 2012 dated 13.01.2014, vide which, the original Judgment & Decree passed by the Ld. Civil Judge (Junior Division) Faridabad in Civil Suit No.RBT 179 of 2007 dated 20.04.2012 in favour of the present Respondent/Defendant were upheld.

(2.) This Court has considered the entire available material on record and heard the submissions of Ld. counsel for both sides.

(3.) The case of the Appellant in his original Plaint was that he is the owner without possession of House No.2610, Sector 16, Urban Estate, Faridabad, and that the Sale Deed bearing No.21723 dated 19.3.2007 allegedly executed by him in respect of the aforesaid property, is illegal, unlawful, null & void, ab initio and not binding upon his Rights, Title and Interest, on account of which, the said Sale Deed is liable to be cancelled. His aforesaid claim was dismissed by the Ld. Trial Court and thereafter the Ld. Lower Appellate Court had also found no merit in the same. It may be mentioned that the Appellant had claimed that he entered into a verbal Agreement with the Respondent for selling the aforesaid House for a total sale consideration of Rs.32 Lacs through Shri Jitender Singh Nagar, Advocate on 19.3.2007, and he also entered into Written Agreement to that effect on the same date. The Respondent is alleged to have paid the sale consideration price by way of two Cash Orders Nos.037289 dated 16.3.2007 and 037299 dated 19.3.2007 for Rs.5 Lacs and Rs.27 Lacs respectively, which were drawn on the Faridabad Central Cooperative Bank Limited, D.C. Office, Sector 12 Branch. His further claim was that the house in question was in possession of his own son Dinesh Tyagi, who was residing there with his family members and the Defendant/Respondent had to secure possession of the same by his own efforts, and that the impugned Sale Deed would be valid subject to encashment of both the Pay Orders, and if any of those orders was dishonoured, the same would be automatically cancelled.