Radhey Shyam and Others vs Jaibir Singh (Deceased) Through Lrs

Valmiki J Mehta, J.—The plaintiffs have filed the subject suit for recovery of Rs. 7.5 lacs alongwith pendente lite and future interest. The recovery of money is claimed being the balance sale price payable to the plaintiffs as sellers of immovable property being the land as stated in para 1 of the amended plaint. Before proceeding ahead, I must note that defendants are exparte. Plaintiffs have filed their affidavits by way of evidence and there is no cross-examination of the witnesses of the plaintiff.

The facts of the case are that the defendant No. 1 entered into an agreement with the plaintiff Nos.1 and 3 to purchase four acres of land out of 10 acres and 16 biswas comprising part of Khasra No. 24/16(2-16), 25/16 (4-16), 25 (4-16), 18(4-16), 19(4-16), 23(4-16), 20(4-16), 3(4-16), 4(4-16), 24(4-16), 25/11/2 (0-16) and 17(4-16) situated in the revenue estate of Village Kakraula on a total sale consideration of Rs. 32 lacs.

Out of the total sale consideration of Rs. 32 lacs, the defendant No. 1 paid only Rs. 24.5 lacs although the defendant No. 1 has taken benefit of ownership of the subject land and is also in possession of the subject land either directly or through his transferors or nominees. The defendant No. 1 acknowledged the balance due to the plaintiff and therefore entered into an agreement on 15.1.1992 agreeing to pay the amount of Rs. 7.5 lacs. In pursuance to this agreement, three cheques totaling to Rs. 7.5 lacs were issued in favour of the plaintiff as under:-

Date

Cheque No.

Amount

Drawn on

In favour of

15.6.92

000384

Rs. 2,50,000/-

Bank of Baroda Nawada Delhi-59

Radhey Shyam

7.7.92

000385

Rs. 2,50,000/-RR

-do-

Pawan Kumar

8.6.92

000383

Rs. 2,50,000/-

-do-

Lakhi Ram

The aforesaid cheques were dishonoured and therefore the subject suit for recovery came to be filed.

Plaintiff No. 1 has filed his affidavit by way of evidence and has proved on record the dishonoured cheques as Ex.PW1/2 to Ex.PW1/4. The agreement dated 15.1.1992 by which the amount of Rs. 7.5 lacs was agreed to be paid is proved and exhibited as Ex.PW1/1. In view of the averments made in the plaint and which have been proved by means of two witnesses of the plaintiffs, the suit of the plaintiffs is decreed for a sum of Rs. 7.5 lacs alongwith interest @ 18% per annum pendente lite and future till payment in accordance with Section 80 of the Negotiable Instrument Act, 1881. Plaintiffs will also be entitled to costs of the suit. Decree sheet be prepared.