+ RFA (OS) 87/2014
ASHWINI KUMAR VERMA ..... Appellant Represented by: Mr.Arvind Kumar Nigam,
Sr.Advocate instructed by Mr.Harsh
Prabhakar and Ms.Anjana Prabhakar,
Advocates
versus
A.K.TANDON & ORS. ..... Respondents Represented by: Mr.Manav Gupta, Advocate with
Ms.Esha Dutta, Advocate
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J.
1. Ashwani Kumar Verma is an Executive with M/s. Duncans Industries. He took on rent Flat No.39, Mandakini Enclave, Alakhnanda from A.K.Tandon. He seeks specific performance of an oral agreement to sell pleading that the agreed sale consideration was `35,00,000/- out of which he paid `5,00,000/- as earnest money-cum-part sale consideration. As per him he took a loan from HSBC Bank to finance the purchase of the flat. He claims that he spent `40,000/- to renovate the flat. He claims that after receiving `5,00,000/-, through his son Vijay Tandon, A.K.Tandon resiled from the agreement and sent a communication to him that he had forfeited the amount of `5,00,000/-. Pleading readiness and willingness to pay the
RFA(OS) No.87/2014