Urmila Devi vs Ajay Kumar Rai on 29 November, 2022
2. On service of summons the defendant no. 1 only has
appeared and filed written statement taking preliminary
objection that the present suit is not maintainable and the
allegations of the plaintiff qua availing of loan of alleged
Suit No. 25571/16
Urmila Devi Vs. Ajay Kumar Rai
Page no.3/24
amount of Rs. 50,000/- (Rupees Fifty Thousand Only),
execution of title documents in favour of defendant are all
contrary and require filing of suit for foreclosure of
mortgage and the plaintiff has no cause of action to file the
present suit and the plaintiff has not approached the court
with clean hands and has suppressed true and material
facts from the court as he has concealed that her husband
had taken a loan of Rs. 6,65,950/- (Rupees Six Lakh Sixty
Five Thousand Nine Hundred Fifty Only) from the
defendant for construction of his house and considering the
relations between the parties, the plaintiff advanced the
said amount and a total amount of Rs. 6,65,950/- (Rupees
Six Lakh Sixty Five Thousand Nine Hundred Fifty Only)
was paid, Rs. 4,65,950/- (Rupees Four Lakh Sixty Five
Thousand Nine Hundred Fifty Only) was paid by cash on
10.04.2013 and Rs. 2,00,000/- in cash on 15.04.2013, in
presence of a common friend and it was agreed by the
husband of the plaintiff herein that he will return the loan
amount before 14.02.2014. The agreement was executed
by the plaintiff's husband on dated 15.04.2013 at Mohan
Garden, New Delhi in presence of the witness/common
friend namely Sh. Krishan Kumar, R/o: H.No. 41A, Street
No. 16, Sai Enclave, New Delhi and he had handed over
all the original deeds and documents relating to the suit
property and it was mentioned in the agreement that the
defendant will hand over the property documents qua suit
property back to the plaintiff after receiving loan amount
on the date decided by both the parties.