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2017 (4) TMI 1395

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....rformance filed by the respondent/plaintiff for the suit property comprising of 42 sq. yards in plot no. 3221, Gali No. 1, Ranjit Nagar, New Delhi, has been decreed. 2. The subject suit was filed by the respondent/plaintiff seeking specific performance of the receipt-cum-agreement to sell dated 22.1.2002. Total sale consideration as per the receipt-cum- agreement to sell was Rs. 1,50,000/-. The appellant/defendant received under the receipt-cum-agreement to sell a sum of Rs. 65,000/- in cash and Rs. 35,000/- by way of cheque. Balance consideration payable was Rs. 50,000/- and which was to be paid at the time of transfer of the title in the suit property by the appellant/defendant in favour of the respondent/plaintiff. As the appellant/defe....

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.... appellant/defendant. (ii) Appellant/defendant claimed that he received the amount of Rs. 35,000/- by cheque under the agreement to sell, not as part consideration, but in return of a loan which the appellant/defendant pleaded was granted to the respondent/plaintiff, however, appellant/defendant could lead absolutely no evidence whatsoever of his giving allegedly a loan of Rs. 35,000/- to the respondent/plaintiff and which was allegedly repaid by a cheque which is referred to as part consideration in the receipt-cum-agreement to sell dated 22.1.2002. 5. Before the first appellate court an issue was raised that the receipt-cum-agreement to sell dated 22.1.2002 is not registered and hence cannot be looked into by virtue of provision of Sec....