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2018 Supreme(Del) 1511

PRATHIBA M.SINGH
CHAITANYA KOCHAR – Appellant
Versus
HARSH SEHGAL – Respondent


Advocates:
Advocate Appeared:
For the Respondent:Mr. Rahul Bamel, Advocate

JUDGMENT :

Prathiba M. Singh, J.

1. The Respondent/Plaintiff (hereinafter “Plaintiff”)– Sh. Harsh Sehgal filed a suit for recovery of Rs.20 lakhs against the Defendant – Sh. Chaitanya Kochar along with pendente lite and future interest. The Trial Court decreed the suit vide judgment dated 22nd January, 2016. The present first appeal has been preferred impugning the said judgment by the Defendant/Appellant (hereinafter “Defendant”).

2. The background of the case is that a transaction was entered into between the parties in respect of purchase of property bearing no.53, Pocket-B5, Sector-7, Rohini, Delhi-110085 ad measuring 31.69 sq. mtrs. having 21/2 storey built up (hereinafter “suit property”). The Bayana receipt dated 1st May, 2009 recorded the agreement between the parties. The same is exhibited as Ex.PW-1/1. The total sale consideration agreed was Rs.34,75,000/- out of which Rs.10 lakhs bayana amount was paid by the Plaintiff to the Defendant. The Bayana Agreement is signed by the Defendant and is also signed by the purchaser i.e. the Plaintiff and two witnesses, namely, Sh. D




















































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