2010 Page 1 of 15
Rs.13,15,000/- and earnest money/bayana receipt dated 24th
October, 2005 was executed and the plaintiff ... paid a sum
of Rs.4 lacs thereunder as earnest money/bayana to the
defendant no.1; however inspite of the plaintiff no.1 being
with the defendant nos. 1 & 2, as contained in the "Bayana Receipt" dated 7.12.2006.
2. The case of the plaintiff is that ... admitted position is that on 7.12.2006, a "Bayana Receipt" was executed, which was signed by the plaintiff, and defendant No. 2, though
PLAINTIFF:-
Ex.PW1/1 Agreement to sell/bayana
executed between the defendant
and the plaintiff ... admitted her signatures on Ex.PW1/1(agreement to sell / bayana) which
is bearing her signatures at point X, X1 and X2. The signature
favour of the defendant on
13th August, 2004 pursuant to a Bayana Agreement dated 29th
June, 2004 between the parties, the plaintiff was not able ... plaintiff as a token amount; that on 29th June, 2004 a Bayana
Agreement was entered upon in which terms were reduced
into writing including payment
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filed the present suit for specific performance of bayana cum receipt
agreement dated 15th March, 2010 against Mr. Devender Kumar ... specifically perform their part of the contract in terms
of the bayana receipt cum agreement dated 15.03.2010
and to transfer the property/land bearing
appeal are the
respondent herein had allegedly entered into an agreement vide Bayana
Receipt dated 26.03.2007 to sell the subject flat owned ... denial of relief of recovery of Rs.5.00 lacs, despite a Bayana receipt
dated 26.03.2007 Ex.PW1/1 being proved
lakhs was executed by Defendant No.1. A
'Bayana Agreement' was also executed and typed on a stamp paper. Under
the Bayana Agreement ... before 14th August
2007". The original of the said Bayana Agreement has been placed on
record. It has been attested by two persons
ROHINI, DELHI-110085, a sum of Rs.7,50,000/-
.................................................................. being
advance/bayana towards the sale of UNDIVIDED
HALF SHARE SECOND FLOOR (WITHOUT ROOF
RIGHTS ... under:-
"4. That an Agreement to Sell dated 29.06.2004,
called the „Bayana Agreement‟ had taken place
between the defendant and the plaintiff at Delhi
made by the plaintiffs to the defendant vide bayana
receipt dated 28th December, 2006; ii) that prior to execution of the bayana
receipt an Agreement ... seller in the
CS(OS) No.1756/2011 Page 3 of 17
bayana receipt executed by it on 28th December, 2006"; iii) that
addition, the Appellants also relied upon the documents: a Bayana
receipt dated 19.06.2018 [Ex. PW-1/DX-1]; a loan agreement dated ... fact that the alleged
ATS, purportedly evidenced by the disputed Bayana receipt dated
19.06.2018, is not registered.
This finding was returned notwithstanding the fact that
