SAKETA VAKSANA LLP Vs. KAUKUTLA SARALA
LAWS(SC)-2019-12-68
SUPREME COURT OF INDIA
Decided on December 17,2019

Saketa Vaksana Llp Appellant
VERSUS
Kaukutla Sarala Respondents

JUDGEMENT

INDU MALHOTRA, J. - (1.) Leave granted. The present Civil Appeals have been filed by the Appellants to challenge the Interim Orders dated 14.08.2019 passed in I.A. No. 1/2019 and I.A. No. 2/2019 filed in CMA No. 646/2019 by the High Court of Telangana.
(2.) The factual background is that the Appellant ­ Developer and the Respondent ­ Landowners entered into an Agreement of Sale dated 17.11.2017, whereby the Respondents agreed to sell agricultural land comprising of 54 acres 13 guntas situated in Turkapalli Village, Shamirpet Mandal, Medchal Malkajgiri District to the Appellant ­ Developer. The sale consideration was fixed at Rs. 46,00,000/ per acre. The land was divided into 5 schedules, and each schedule of land was to be sold to the Appellant ­ Developer upon payment of the proportionate sale consideration. Clause 7 of the Agreement dated 17.11.2017 stated that physical possession of the entire land was handed over to the Appellant ­ Developer on the day of execution of the Agreement. The Agreement of Sale dated 17.11.2017 was an unregistered document executed on a Stamp Paper of Rs. 100. The Stamp Duty on this Agreement was paid by the Appellant ­ Developer on 27.08.2018.
(3.) Out of the total extent of land, the Respondents executed four registered Agreements of Sale cum General Power of Attorney with respect to 36 acres 21 1/2 guntas of land in favour of the Appellant ­ Developer. The first two Agreements of Sale were executed on 03.01.2018; the third on 24.03.2018; and the fourth on 31.03.2018. The Appellant ­ Developer submitted that it has paid Rs. 17,25,00,000/ for the aforesaid four Agreements of Sale. The Respondents have seriously disputed this submission, and stated that an amount of only Rs. 14,25,00,000/ was paid by the Appellant ­ Developer. This gave rise to disputes between the parties for payment of the balance consideration for land admeasuring 17 acres 31 1/2 guntas ("suit property"). ;


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