- (1.) Plaintiff Raj Dulari Dhall has filed this second appeal. Plaintiff filed suit against Jai Shree Aggarwal - defendant (since deceased and represented by her sons Gautam Aggarwal and Kartik Aggarwal - respondents as her legal representatives) for possession of House No. 391, Sector 16-A, Faridabad, by specific performance of the agreement to sell dated 30.06.2004. The plaintiff alleged that defendant agreed to sell the suit property to the plaintiff for Rs. 28 lacs and received the entire sale price and executed impugned agreement dated 30.06.2004, which was also witnessed by defendant's son Kartik Aggarwal. The plaintiff has always been ready and willing to perform his part of the contract, but defendant committed breach thereof. The defendant broadly denied the plaint averments. It was denied that the defendant agreed to sell the suit property to the plaintiff or received consideration of Rs. 28 lacs or executed the impugned agreement. It was pleaded that defendant's son was introduced to Jai Bakshi Property Dealer by one Pankaj Malhotra and they induced the defendant to purchase a property in New Delhi. The defendant made payment of several lacs rupees to them. In September 2004, they demanded further amount of Rs. 7 lacs. Defendant's son could not arrange the said money. Then they took him to plaintiffs son Anil Dhall for advancing Rs. 6 lacs. In that process, signatures of defendant and her son were obtained on blank papers. Defendant's son even returned the amount of Rs. 6 lacs to plaintiffs son, but the blank signed papers were not returned. Various other pleas were also raised.
(2.) Both the courts below, instead of decreeing the plaintiff's suit for specific performance of the impugned agreement, decreed the suit for recovery of Rs. 28 lacs with interest @ 12% per annum from the date of payment till recovery. The plaintiff has also been directed to return all original documents of the suit property to the defendant on receipt of the aforesaid amount. Feeling aggrieved, plaintiff has filed this second appeal.
(3.) I have heard counsel for the appellant and perused the case file.;