MIR AIJAZ ALI Vs. SYED ALI AHMED RAZVI

JUDGEMENT

(1.) This revision arises out of order dated 21.08.2019 in I.A.No.660 of 2019 in O.S.No.179 of 2018 passed by the XII Additional District Judge, Vikarabad.

(2.) The petitioner is the plaintiff and the respondents are the defendants in O.S.No.179 of 2018 filed for cancellation of sale deed bearing document No.2041 of 2016 dated 25.02.2016 and for perpetual injunction.

(3.) It is the case of the petitioner/plaintiff that he is the owner of the suit schedule property. He offered to sell the suit property to the respondents/defendants for a sale consideration of Rs.15,00,000/-. The defendants paid Rs.15,00,000/-/- viz. Rs.5,00,000/- in cash on 25.02.2016 and Rs.10,00,000/- was paid by the defendant No.1 vide two cheques (i) cheque No.326757 dated 25.02.2016 for Rs.7,00,000/- and (ii) cheque No.326758 dated 25.02.2016 for Rs.3,00,000/-, both drawn on SBI, Charminar, Hyderabad. The defendants assured the plaintiff that the funds will be arranged in the bank and requested the plaintiff to present the cheques after three months. On such assurance, the plaintiff executed the sale deed bearing document No.2041 of 2016 dated 25.02.2016 in favour of the defendants. It is the further case of the plaintiff that there was an oral understanding between them that the possession of the suit property will be delivered to the defendants only after the aforesaid two cheques are encashed. On the instructions of the defendant No.1, the plaintiff presented the cheques on 20.05.2017 but the cheques were dishonoured for the reason "funds insufficient". The plaintiff reminded the defendants to pay the amount covered under the cheques or else warned that the sale deed will be canceled. The plaintiff, having come to know that the defendants are making efforts to sell the suit property in favour of the third parties, was constrained to institute the aforesaid suit for cancellation of sale deed.