RAJEEV SOOD AND ANOTHER Vs. BUDHI SINGH CHAUHAN

JUDGEMENT

(1.) The plaintiffs have filed the present suit against the defendant for recovery of Rs. 54,44,520/- ( ' Fifty Four Lacs Forty Four Thousand Five Hundred and Twenty only) along with pendente lite and future interest @ 18% per annum.

(2.) It is averred that consequent upon failure on the part of the defendant to perform his part of the agreement of sale dated 05.11.2007, whereby he had agreed to sell to the plaintiffs in the ratio of 80 : 20 or say plaintiff No.1 4/5 and plaintiff No.2 1/5 shares "the entire 3rd floor along with attic floor divided into two duplex houses measuring 1400 sq. ft. super area in each duplex house at the top of the building along with space for parking of two cars in the 'parking lot' of the said building" constructed by him on his land comprised in Khata Khatauni No. 2 min/6, Khasra Nos. 227, 228, 229 and 230, plots 4, measuring 273 sq. meters situate at Mauja Mohal Kasumpti Koti, Tehsil and District Shimla, as recorded in Missal Haquiat Bandobast-II amended Bandobast for the year 2003-04, for a sum of Rs. 50,00,000/- (' Fifty Lacs), out of which a sum of Rs. 20,00,000/- (' Twenty Lacs) was paid as advance sale consideration, which he later on fraudulently sold to some other person in breach of the agreement of sale. The suit has been filed for recovery of "double of the advance amount" as well as "other losses and damages", as per settlement dated 3.12.2010, Ex.PW- 3/A, arrived at between the parties, but not implemented by the defendant, on the following prayers:-

(3.) On being served the defendant failed to put in appearance and was proceeded against ex parte vide order dated 28.02.2012