IN THE COURT OF LD. ADDITIONAL DISTRICT JUDGE; DIST. NORTH-WEST; ROHINI COURTS, DELHI.

C.S. NO. ** OF 20**.

IN THE MATTER OF:

XXX                            ….PLAINTIFF

VERSUS

XXXX      ….DEFENDANTS

EVIDENCE BY WAY OF AFFIDAVIT OF THE DEFENDANT NO.1 (DW1)

Affidavit of XXX , aged about __ years, W/o ****, R/o ****** Delhi., do hereby solemnly affirm and declare as under:-

1.              That I am the Defendant no.1 in the present case and as such I am conversant with the facts and circumstances of the case and competent to swear this Affidavit.

2.              I state that the plaintiff himself contacted the Deponent and Defendant no.2 and asked them to purchase the above said premise through one broker Sh. ***** and asked them to purchase the said premises, which the Deponent agreed to sell. Rs.2.5 Lakhs was received as Bayana for the sale of the suit property vide agreement cum bayana receipt dated 22.09.2010. The Plaintiff and Deponent and Defendant no.2 having close relations and have been engaged in so many deals with each other.

3.              I further state that at the time of above agreement/Bayana receipt dated 22.09.2010 it was agreed that the sale documents of the above house shall be executed within a period of eighty days from the date of the execution of this agreement subject to making balance payment to the seller by the purchaser and stamp papers for the same were to be purchased by the purchaser for the same, which were never purchased by the plaintiff.

4.              I further state that the plaintiff asked the husband of the seller i.e. defendant No. 2 for extension of 15 days time as he could not arrange the balance payment by that time i.e. 11.12.2010, 80 days from the date of agreement/ bayana, which the Deponent and Defendant no.2agreed as they have close relations with the plaintiff. It is further stated after extended time also the plaintiff could not arrange the balance sale consideration, as per bayana agreement dated 22.09.2010 his bayana stand forfeited.

5.              I further state that the Plaintiff is running an institute under name and style as “****” where admission in all over the world in educational institutions was manipulated. In the same manner the plaintiff assured the Deponent and Defendant no.2 to get a seat in the I.P. University for the daughter of the Deponent and Defendant no.2 in MBA Course, in which the plaintiff failed and he promised to refund the cheque of Rs. 2 Lac which he received from the Deponent in lieu of getting/manipulating the seat in MBA Course in I.P. University.

6.              I further state that the house was given on rent to Mr****** on monthly rent of Rs. 11000/- per month about 3 years prior from the date of Bayana agreement i.e. 22.09.2010 and the same was got vacated by the Deponent and Defendant no.2 on 25.11.2010 just to handover the vacant possession to the plaintiff at the time of execution of documents. It is submitted that the plaintiff himself requested for extension of 15 days time for execution of documents as he could not arrange the balance sale consideration which the Deponent agreed as they have close relation with the plaintiff.

7.              It is further state that after some time when the extended time expired the plaintiff told the Deponent and Defendant no.2 that he was unable to arrange the balance sale consideration. The Deponent told the Plaintiff that the Deponent has purchased a floor in 51 lakhs and has also entered into an agreement with one Sh******** Delhi and has paid Rs.6 Lakhs to him as Bayana for the Pair of 32 sq. Meter Floor, H. Nos******, ******Delhi (Top Floor) vide agreement cum Bayana receipt dated 30-10-2012 and balance payment was to be made on 15.01.2011, about one month after the date of execution of document vide agreement dated 22-9-2010 and the payment received from the plaintiff by the Deponent was the be given to the seller of the ********** Delhi (Top Floor). Later on as the plaintiff could not make the balance payment, the Deponent also could not make the payment for the floor purchased by the defendant i.e. ********* Delhi (Top Floor) and the earnest money of Rs.6 lac paid by the Deponent was forfeited by the seller. Hence, the Deponent has suffered a loss of Rs. 1 lac with interest and other losses due the non- payment by him to the Deponent for which the Deponent reserve their rights to file counter claim/ suit within a reasonable time. It is further submitted that as the Deponent has close family relations with the plaintiff, he used to take care of the Deponent and her husband when they fell ill. It is submitted that in Dec. 2010 the defendant No.2 become seriously ill and the plaintiff admitted him in *** Hospital, Rohini and save the life of the defendant No. 2 as his sons were out of station, hence, the plaintiff is emotionally blackmailing the Deponent and her husband.

8.              I further state that the plaintiff asked the husband of the seller i.e. defendant No. 2 for extension of 15 days time as he could not arrange the balance payment, which the Deponent agreed as they have close relations with the plaintiff. Hence, as the plaintiff could not make the balance sale consideration as per bayana agreement and after extended time his bayana stands forfeited.

9.              I further state that the plaintiff is running an institute under the name and style as "***" where admission in all over the world in educational institutions were manipulated. In the same manner the plaintiff assured the Deponent to get a seat in the LP. University for the daughter of the Deponent in MBA Course, in which the plaintiff failed and he promised to refund the cheque of Rs. 2 Lac which he received from the Deponent in lieu of getting/manipulating the seat in MBA Course in I.P. University.

10.           I further state that the suit is filed after about 2 years from the date for execution of documents for transfer the property in favour of the plaintiff. The plaintiff himself could not arrange the balance sale consideration, hence, this suit is being filed with ulterior motive and is liable to be dismissed being fraudulent case.

11.           I further state that the Deponent and her husband were never served with any notice at any point of time.

12.           I further state that the plaintiff could not arrange the balance payment in time even after the extended time of 15 days. If the plaintiff would have arranged the balance payment then he would have filed a suit for specific performance in Dec. 2010 not suit for recovery in Sept.2012 (after about 2 years). The fact of the matter is that the plaintiff himself was aware that if he would file suit for specific performance the defendant would have said that O.K. please make balance payment at the first date of hearing and the matter finished. That is why he has waited for 2 years.

13.           I further state that the plaintiff himself could nor arrange the balance sale consideration, as the plaintiff has filed a false and fraudulent case and he himself is a defaulter.

14.           I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge.

DEPONENT

VERIFICATION:-

Verified at New Delhi on ___ day of November, 20** that the contents of paras 1 to 14 of my above evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT

IN THE COURT OF LD. ADDITIONAL DISTRICT JUDGE; DIST. NORTH-WEST; ROHINI COURTS, DELHI.

C.S. NO. XX OF 2012.

IN THE MATTER OF:

MR. aaaaa                                ….PLAINTIFF

VERSUS

SMT. bbbbb                             ….DEFENDANTS

EVIDENCE BY WAY OF AFFIDAVIT OF THE DEFENDANT NO.2 (DW2)

Affidavit of XXXX, aged about __ years, S/o Sh********************Delhi., do hereby solemnly affirm and declare as under:-

1.              That I am the Defendant no.2 in the present case and as such I am conversant with the facts and circumstances of the case and competent to swear this Affidavit.

2.              I state that the plaintiff himself contacted the Deponent and Defendant no.1 and asked them to purchase the above said premise through one broker Sh***** and asked them to purchase the said premises, which the Deponent agreed to sell. Rs.2.5 Lakhs was received as Bayana for the sale of the suit property vide agreement cum bayana receipt dated 22.09.2010. The Plaintiff and Deponent and Defendant no.1 having close relations and have been engaged in so many deals with each other.

3.              I further state that at the time of above agreement/Bayana receipt dated 22.09.2010 it was agreed that the sale documents of the above house shall be executed within a period of eighty days from the date of the execution of this agreement subject to making balance payment to the seller by the purchaser and stamp papers for the same were to be purchased by the purchaser for the same, which were never purchased by the plaintiff.

4.              I further state that the plaintiff asked the Deponent for extension of 15 days time as he could not arrange the balance payment by that time i.e. 11.12.2010, 80 days from the date of agreement/ bayana, which the Deponent and Defendant no.1 agreed as they have close relations with the plaintiff. It is further stated after extended time also the plaintiff could not arrange the balance sale consideration, as per bayana agreement dated 22.09.2010 his bayana stand forfeited.

5.              I further state that the Plaintiff is running an institute under name and style as “****” where admission in all over the world in educational institutions was manipulated. In the same manner the plaintiff assured the Deponent and Defendant no.1 to get a seat in the I.P. University for the daughter of the Deponent and Defendant no.1 in MBA Course, in which the plaintiff failed and he promised to refund the cheque of Rs. 2 Lac which he received from the Deponent in lieu of getting/manipulating the seat in MBA Course in I.P. University.

6.              I further state that the house was given on rent to Mr****** on monthly rent of Rs. 11000/- per month about 3 years prior from the date of Bayana agreement i.e. 22.09.2010 and the same was got vacated by the Deponent and Defendant no.1 on 25.11.2010 just to handover the vacant possession to the plaintiff at the time of execution of documents. It is submitted that the plaintiff himself requested for extension of 15 days time for execution of documents as he could not arrange the balance sale consideration which the Deponent agreed as they have close relation with the plaintiff.

7.              It is further state that after some time when the extended time expired the plaintiff told the Deponent and Defendant no.1 that he was unable to arrange the balance sale consideration. The Deponent told the Plaintiff that the Deponent has purchased a floor in 51 lakhs and has also entered into an agreement with one Sh************ Delhi and has paid Rs.6 Lakhs to him as Bayana for the Pair of 32 sq. Meter Floor, H. *********** Delhi (Top Floor) vide agreement cum Bayana receipt dated 30-10-2012 and balance payment was to be made on 15.01.2011, about one month after the date of execution of document vide agreement dated 22.09.2010 and the payment received from the plaintiff by the Deponent was the be given to the seller of the H.Nos. ************ Delhi (Top Floor). Later on as the plaintiff could not make the balance payment, the Deponent also could not make the payment for the floor purchased by the defendant i.e. H.Nos. *****Delhi (Top Floor) and the earnest money of Rs.6 lac paid by the Deponent was forfeited by the seller. Hence, the Deponent has suffered a loss of Rs. 1 lac with interest and other losses due the non- payment by him to the Deponent for which the Deponent reserve their rights to file counter claim/ suit within a reasonable time. It is further submitted that as the Deponent has close family relations with the plaintiff, he used to take care of the Deponent and his wife when they fell ill. It is submitted that in Dec. 2010 the defendant No.2 become seriously ill and the plaintiff admitted him in *** Hospital, Rohini and save the life of the Deponent as his sons were out of station, hence, the plaintiff is emotionally blackmailing the Deponent and his wife.

8.              I further state that the plaintiff asked the Deponent for extension of 15 days time as he could not arrange the balance payment, which the Deponent agreed as they have close relations with the plaintiff. Hence, as the plaintiff could not make the balance sale consideration as per bayana agreement and after extended time his bayana stands forfeited.

9.              I further state that the plaintiff is running an institute under the name and style as "***" where admission in all over the world in educational institutions were manipulated. In the same manner the plaintiff assured the Deponent to get a seat in the LP. University for the daughter of the Deponent in MBA Course, in which the plaintiff failed and he promised to refund the cheque of Rs. 2 Lac which he received from the Deponent in lieu of getting/manipulating the seat in MBA Course in I.P. University.

10.           I further state that the suit is filed after about 2 years from the date for execution of documents for transfer the property in favour of the plaintiff. The plaintiff himself could not arrange the balance sale consideration, hence, this suit is being filed with ulterior motive and is liable to be dismissed being fraudulent case.

11.           I further state that the Deponent and his wife were never served with any notice at any point of time.

12.           I further state that the plaintiff could not arrange the balance payment in time even after the extended time of 15 days. If the plaintiff would have arranged the balance payment then he would have filed a suit for specific performance in Dec. 2010 not suit for recovery in Sept.2012 (after about 2 years). The fact of the matter is that the plaintiff himself was aware that if he would file suit for specific performance the defendant would have said that O.K. please make balance payment at the first date of hearing and the matter finished. That is why he has waited for 2 years.

13.           I further state that the plaintiff himself could nor arrange the balance sale consideration, as the plaintiff has filed a false and fraudulent case and he himself is a defaulter.

14.           I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge.

DEPONENT

VERIFICATION:-

Verified at New Delhi on ___ day of November, 2023 that the contents of paras 1 to 14 of my above evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT