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2013 Supreme(Del) 743

RAJIV SAHAI ENDLAW
Abhey Dewan – Appellant
Versus
Manoj Sethi – Respondent


Advocate Appeared:
For the Plaintiffs:R.K. Sinha, Ganesh Kumar, Advocates.
For the Defendants:Vipul Srivastav, Yogesh Swaroop, Advocates.

Judgment :-

Rajiv Sahai Endlaw, J.

1. The three plaintiffs have instituted this suit for cancellation of documents, recovery and damages of Rs.25 lacs and permanent injunction, pleading:-(a). that the plaintiff no.3 Shri Gobind Dewan is the father of the plaintiff no.1 and father-in-law of the plaintiff no.2 Mrs. Mahima Dewan; (b). that the defendant no.1 Shri Manoj Sethi had approached the plaintiff no.1 on 24th October, 2005 for sale to the plaintiff no.1 of plot ad-measuring 32 sq. mtrs. bearing No.C-2/299, Sector-32, Rohini, Delhi – 110 085 for a total sale consideration of Rs.13,15,000/- and earnest money/bayana receipt dated 24th October, 2005 was executed and the plaintiff no.1 paid a sum of Rs.4 lacs thereunder as earnest money/bayana to the defendant no.1; however inspite of the plaintiff no.1 being ready and willing, the defendant no.1 did not fulfill his obligations under the earnest money receipt / bayana; (c). that the defendant no.1 also took huge amount of approximately Rs.12 lacs from the plaintiff no.1 under another two Agreements-cum-Bayana Rasid for two other plots but failed to convey the same also to the plaintiff no.1; (d). that subsequently the plaintiff no.1





















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