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Showing contexts for: unsigned document in Sri. Deepankar Agarwal vs Wg. Cdr Ravindra Vasant Parasnis (Retd) on 21 March, 2022Matching Fragments
13. In support of his case, the Plaintiff has relied upon his oral testimony as PW.1 which is nothing but reiteration of the plaint averments on oath and 21 documents. Looking at the documentary evidence produced by the Plaintiff, it is seen that Ex.P.1 to Ex.P.6 are the receipts issued by the Defendant for having accepted advance amount of Rs.12.5 Lakhs on various dates with different denominations. This fact is not at all in dispute. Then remains the Police complaint filed by the 1st Defendant on 20th October 2013. It is significant here to note that before institution of this suit, Defendant while lodging complaint before the Police specifically mentioned that the agreed sale price of his Apartment was Rs.1.32 Crore and he has already accepted advance of Rs.12.5 Lakhs. However, the complaint is lodged for recovery of keys and documents handed over to the Plaintiff. Ex.P.8 indicates that the Plaintiff herein has handed over the keys and house documents. It is interesting here to note that on 25.10.2013 the Plaintiff herein has executed a letter before the Police while handing over the keys and documents wherein he claims that he has paid advance amount of Rs.12.5 Lakhs. But absolutely, there is no mention about the quantum of sale consideration in the said letter. Apart from that, on the same day, the Defendant No.1 also executed the document before the Police wherein he has claimed that they are going to settle the dispute by talking across the table. Then remains the legal notice issued by the Plaintiff to the Defendant claiming that the purchase money was Rs.65 Lakhs. The Plaintiff also relied upon some E-Mails. But, E- Mails does not throw light on the real dispute, as to what is the agreed amount for purchase of the Suit Property. However, some xerox copies of unsigned documents styled as Agreement of Sale mentioning the names of both Plaintiff and Defendants indicates that the sale price was Rs.1.32 Crore. The said document marked for identification purpose as Ex.P.I-2 through PW.1 himself, which is an admitted document. The Plaintiff also relied upon the Bank Statement and claimed that he had sufficient balance in his account to pay the balance sale consideration. However, the account extract discloses that at the relevant point of time around 27 + Lakhs Rupees is available in the balance account. At this juncture, it is relevant to look at the admissions of the Plaintiff in the cross-examination, wherein Plaintiff categorically admitted that: