SANJAY Vs. DASHRATH

JUDGEMENT

(1.) Though the matter was listed in 'Orders on Interim Application', but on the joint request of both the counsels for the parties, the matter is heard finally today itself.

(2.) The present writ petition is preferred under Article 227 of the Constitution of India, claiming following reliefs:

(3.) The factual matrix of the case in brief is that that an agreement to sale was executed between the Petitioner-Plaintiff and Respondent-Defendant on 19/6/2008 for a consideration of Rs.3,14,101.00 wherein the Petitioner-Plaintiff agreed to sell his house for a sum of Rs.3,14,101.00 out of which Rs.1,05,000.00 was paid as advance and the possession was handed over to the Respondent-Defendant and the remainder of the amount was agreed to be paid by the Respondent-Defendant to the PetitionerPlaintiff in November, 2008, however, the Respondent-Defendant advanced a sum of Rs.60,000.00 on different dates and the remaining amount was not paid and therefore, the PetitionerPlaintiff instituted Suit dtd. 2/4/2012 (Annexure-1) for Eviction and Mesne Profits for non- performance of the part of the agreement by the Respondent-Defendant and the agreement being rescinded.