M/S. LUTHRA EXPORT Vs. VIPIN LUTHRA

JUDGEMENT

(1.) This Civil First Appeal under section 96 CPC has been filed against judgment and decree dated 03.02.2017 passed by Additional District Judge No. 2, Udaipur in Civil Original Suit No. 15/2013 (82/2013) {Vipin Luthra v. M/s. Luthra Export, Udaipur} whereby suit was decreed for specific performance and permanent injunction against appellant-defendant.

(2.) Briefly stated, the respondent-plaintiff filed a suit for specific performance and permanent injunction against the appellant defendant. It was averred in the plaint that a plot was allotted to defendant-appellant by RIICO (Plot No. G-1-406), ad-measuring 1000 square meters, for business. It was also stated that the plot was given by RIICO on lease for 99 years to appellant-defendant vide lease-deed dated 12.12.2006. Thereafter, construction on 2200 square feet was raised, with other amenities as mentioned in para 4 of the plaint.

(3.) It was further stated that the appellant-defendant proposed to sell aforesaid plot to respondent-plaintiff. The respondent agreed to defendant's proposal and executed three agreements, dated 15.09.2011, 22.09.2011 and 30.11.2011. It was averred that vide agreement dated 15.09.2011, out of total amount of Rs. 33,00,000/-, a sum of Rs. 2,00,000/- was paid by the plaintiff to defendant. It was also averred that vide agreement dated 22.09.2011, further amount of Rs. 4,00,000/- was paid by plaintiff to the defendant and vide agreement dated 30.11.2011, further sum of Rs. 6,00,000/- was paid by plaintiff to the defendant, out of which Rs. 1,00,000/- were in cash and Rs. 5,00,000/- were paid through two cheques of Rs. 3 Lacs and Rs. 2 Lacs.