PARDEEP GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has prayed for the following relief:

(2.) The facts as narrated by the petitioner are that he is a partner in Super Rugs India LLP to the extent of 50%. An agreement to sell the land and structure measuring 9 bighas 10 biswas situate at Baddi, District Solan, H.P. was executed on 5/8/2018 between the partners of Super Rugs India LLP (hereinafter referred to as sellers) with Sh. Ram Chand, Smt. Sudesh Kumari and Sh. Ketan Kumar, all residents of Panchkulla (Haryana) [hereinafter referred to as purchasers]. Total sale consideration was agreed at Rs.3,51,00,000.00 (Rs. Three Crores and Fifty-One lacs). At the time of execution of the agreement, the purchasers paid a sum of Rs.51.00 lacs as earnest money to the sellers, out of which a sum of Rs.21.00 lacs was paid through cheque and Rs.30.00 lacs was paid in cash. On 31/12/2019, the purchasers paid another sum of Rs.48.00 lacs in cash to the sellers. It is specifically averred by the petitioner that a sum of Rs.21.00 lacs received from purchasers through cheque was duly invested by way of Fixed Deposit Receipt and the cash was accepted on the assurance of purchasers that the same would be converted to cheques on signing of a fresh agreement at the time of making application for permission under Sec. 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. The purchasers had agreed that the statutory permission under Sec. 118 of the Act ibid would be processed by their CA/agent by 10th of January, 2020.

(3.) It is further the case of petitioner that despite multiple reminders and requests made to the purchasers for initiating formalities to obtain permission under Sec. 118 of the H.P. Tenancy and Land Reforms Act, the purchasers failed to discharge their liability. Consequently, the sellers suffered a lot of agony. The amount given in cash by purchasers to the sellers was lying with them without being used. The interest money earned upon the Fixed Deposit Receipt of Rs.21.00 lacs was regularly credited to the account of the purchasers after deduction of TDS.