Om Parkash Since Deceased Th Lrs v. Vikas Goel And ORS

YOGESH SHARMA 2018.12.19 12:36 I attest to the accuracy and integrity of this document RSA-6298-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-6298-2016 (O&M) Date of decision : 13.12.2018 Om Parkash (deceased) through LRs and another ... Appellants

Versus

Vikas Goel and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Deepak Sharma, Advocate for the appellants.

**** AMIT RAWAL, J.

CM-16537-C-2016 For the reasons stated in the application, the delay of 44 days in refiling the appeal is condoned.

CM stands disposed of.

RSA-6298-2016 The appellants-plaintiffs have not been successful for recovery of `2,87,500/- being deficient of amount to be paid by defendant Nos.4 & 5, in lieu of registration of sale deed dated 03.08.2009. It was alleged that defendants were having shortfall of amount of `2,50,000/- at the time of registration and withheld the said amount, thus, the suit, aforementioned, was filed.

The defendants opposed the suit and stated that a sum of amount of `2,50,000/- Lacs was paid to one Pooja Rani, on 19.02.2010.

YOGESH SHARMA 2018.12.19 12:36 I attest to the accuracy and integrity of this document RSA-6298-2016 (O&M) Learned counsel appearing on behalf of the appellants-plaintiffs submitted that judgments and decrees of the Courts below are not sustainable on the following grounds:-

1. Pooja Rani had not been examined.

2. The defendants admitted that at time of preparation as well as at the time of registration of the sale deed, there was a shortfall of `2.50,000/-.

I am afraid the aforementioned arguments are not sustainable as registered documents reflect that entire consideration had been paid. If at all, there was a shortfall, the appellant-plaintiff would have taken a separate undertaking or writing in the sale deed. Non-examination of Pooja Rani cannot be fatal as the plaintiff failed to discharge the onus. In this view of the matter, there cannot be any illegality or perversity in the judgments and decrees of the Courts below, much less, no substantial question of law arises for determination. Resultantly, the regular second appeal is dismissed. 13.12.2018 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No