VINOD KUMAR TANDON & ANOTHER Vs. BAHADUR LAL GUPTA
LAWS(UTN)-2012-6-129
HIGH COURT OF UTTARAKHAND
Decided on June 28,2012

Vinod Kumar Tandon And Another Appellant
VERSUS
Bahadur Lal Gupta Respondents

JUDGEMENT

- (1.) None has turned up on behalf of the private opposite party despite sufficient service. So, this Court rendered hearing to Mr. Pradeep Kumar Chauhan, Advocate, for the applicants. Also perused the papers on record.
(2.) Matter pertains to breach of agreement, which was executed on a stamp paper of rupees hundred between the applicants petitioners and the private opposite party, though it was unregistered one. As per the terms of agreement, Mr. Vinod Kumar Tandon & his wife Smt. Sunita Tandon (petitioners) agreed to sell a small piece of land ad measuring 117.56 square meter located in Khasra No. 98, Subhash Nagar, Jwalapur, Haridwar to Mr. Bahadur Lal Gupta (opposite party). Out of the total sale consideration of Rs 9,17,000/-, Mr. Gupta paid Rs 2,00,000/- to the petitioners, as advance, at the time executing the said agreement. Balance amount of Rs 7,17,000/- was to be paid by him at the time of execution of sale deed, which was scheduled on 25.8.2007.
(3.) It is alleged that on 25.8.2007, Mr. Gupta reached at the office of Registrar for execution of the sale deed, but the petitioners Mr. & Mrs. Tandon did not turn up till evening. So, Mr. Gupta along with his son Kanhaiyya Lal, his friend Kunwar Pal and one more person went to the house of petitioners in the evening of 28.8.2007 and asked them to execute the sale deed. But Mr. Tandon allegedly lashed out over Mr. Gupta and also refused to return the advance money. So, the impugned complaint was filed on 7.9.2007.;


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