IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY RFA 124/2006. Date of Order :

Similar documents
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION JUDGMENT RESERVED ON : OCTOBER 16, 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE. Judgment reserved on : December 10, 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of decision: 16th December, 2013 RFA No.581/2013.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERMANENT INJUNCTION. Judgment reserved on : 20th December, 2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: August 25, RFA(OS) 50/2015. versus HOUSING DEVELOPMENT FINANCE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PROPERTY DISPUTE. Date of Order : RFA 577/2007. versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERPETUAL INJUNCTION FAO (OS) NO. 157 OF Date of Decision : 10th July, 2007.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT, 1958 RSA No. 38/2014 & CM No.2339/2014 DATE OF DECISION : 4th February,2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, Date of Decision: 23rd February, ITA 1222/2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Companies Act CO.APP. 12/2005 Date of decision : 22 nd November, 2007

* HIGH COURT OF DELHI AT NEW DELHI + RSA 221/2014 & CM APPL.13917/2014. Through: Nemo. CORAM: HON BLE MR. JUSTICE V.K. SHALI

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision : December 06, 2010 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL

IN THE HIGH COURT OF BOMBAY AT AURANGABAD. First Appeal No. 63 of Decided on :

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Date of decision: 29th November, 2012 MAC.APP.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Advocate. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT. Date of Judgment: CM(M) 1549/2010. Mr.Girish Aggarwal, Adv.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Date of decision: 5th November, 2012 MAC. APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Reserved on: 21st February, 2012 Pronounced on: 2nd July, 2012 MAC.APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI. LPA No.101/2010 and LPA No.461/2010 & CM Appl. Nos /2010. Date of Hearing:

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 532/2014 PRASAR BHARTI (BROADCASTING

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved on: 09 th October, 2015 Judgment Delivered on: 16 th February, 2016

% Date of order; December 14,2010 COMMISSIONER OF INCOME TAX VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Date of decision: 6th August, 2012 FAO 23/2000

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APP. NO.109/2009

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CENTRAL EXCISE ACT, 1944 CEAC 2/2012 DATE OF DECISION : FEBRUARY 01, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Date of decision: 9th January, 2013 MAC APP.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.APPEAL NO.73/2010. versus.... Respondent Through: Mr.M.N.Dudeja, Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Decision: FAO(OS) 455/2012 and CM No.

$~23. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7131/2015 % Judgment dated 29 th July, versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved On: 3 rd August, 2010 Judgment Delivered On: 6 th August, W.P.(C) NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of decision: 26th November, 2012 MAC.APP. 246/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Judgment delivered on: 13th February, 2014 MAC.APPEAL NO.

Decided on: 08 th October, 2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI. # PRAN NATH... Appellant! Through: Mr. V.Madhukar, Adv. versus

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, 1961 Judgment delivered on: ITA No.415/ Appellant.

IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of decision : 26 th November, THE NEW INDIA ASSURANCE CO.LTD. Through Mr.P.K.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX. Judgment reserved on : Judgment delivered on : ITA No.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision:15 th March, CRL. APPEAL NO.5/2008. Versus

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, 1961 Date of decision: ITA 232/2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN REGISTRATION ACT, 1908 Date of Judgment: FAO (OS) Nos.181/2012 & 182/2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO 276/2010 Reserved on: Decided on: versus

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO(S).9310/2017 (Arising from Special Leave Petition(s)No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2019 (Arising out of SLP (Civil) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 605/2012. CIT... Appellant. Through: Mr Sanjeev Rajpal, Sr. Standing Counsel. versus ORIENTAL STRUCTURAL

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 830 OF 2018 SPECIAL LEAVE PETITION (C) NOS.

* HIGH COURT OF DELHI : NEW DELHI. MAC App. No.167/2004. Judgment delivered on: 24 th November, 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT Date of Judgment: RC.REV. 169/2012 & CM Nos.

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT SACHS, WILTON-SIEGEL, MYERS JJ. ) ) ) Respondents )

Indexed as: Hutchinson v. Clarke. Hutchinson et al. v. Clarke. [1988] O.J. No O.R. (2d) C.C.L.I A.C.W.S.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Decided on : ITA 195/2012, C.M. APPL.5434/2012

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 09 th July, 2015 Judgment Delivered on: 01 st December, 2015

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATER. Judgment delivered on: ITA 243/2008. versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Judgment delivered on : ITA Nos. 697/2007, 698/2007 & 699/2007.

IN THE SEYCHELLES COURT OF APPEAL. The Mauritius Commercial Bank (Sey) Ltd Of Caravelle House, Victoria, Mahe, Seychelles (1 st Defendant)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: THE COMMISSIONER OF INCOME TAX. - versus M/S ZORAVAR VANASPATI LIMITED

DELHI DEVELOPMENT AUTHORITY Through: Mr Ajay Verma, Adv. Through: Mr R.K. Saini, Adv with Mr Sitab Ali Chaudhary, Adv. AND LPA 709/2012.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON: versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER Judgment delivered on: W.P.(C) 2331/2011

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 12 th January, 2016 % Pronounced on : 22 nd January, MACA 217/2013

ITA No. 140 of had been sold on , had been handed over to him. The assessee furnished the desired information and documents, including

IN THE HIGH COURT OF DELHI AT NEW DELHI

BEFORE THE APPELLATE AUTHORITY (Constituted under Section 22A of the Chartered Accountants Act, 1949) APPEAL NO. 03/ICAI/2017 IN THE MATTER OF:

SUBJECT : Court Fees Act. FAO (OS) No.239/2007. Reserved on : 25th September, Decided on: 28th November, Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Judgment delivered on: 2nd April, 2014 MAC.APP. 758/2012.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. ITA No.798 /2007. Judgment reserved on: 27th March, 2008

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO (OS) No.74/2010 & C.M. No.1437/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI\ SUBJECT : SUIT FOR POSSESSION RFA No.568/2011 DATE OF DECISION : 5th March, 2012

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE B.MANOHAR C.S.T.A. NO.

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. Income Tax Appeal No. 1167/2011. Reserved on: 21st October, 2011

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 327 of 2018

NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI. Company Appeal (AT) No of 2018

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CENTRAL EXCISE ACT, 1944 Judgment delivered on: W.P.(C) 5636/2010. versus W.P.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, Date of Decision : 29th February, ITA 401/2011

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) MAC App 201/2011

JUDGMENT OF THE COURT

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: ITA 232/2014 COMMISSIONER OF INCOME TAX-VI

SUPREME COURT OF INDIA Page 1 of 8

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI LAND REFORMS ACT, 1954 LA. APP. 968/2010 DATE OF DECISION : 10 TH JANUARY 2013

CORAM: HONOURABLE MR.JUSTICE AKIL

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT Decided on: ITA 31/2013

- 1 - W.P.Nos /2012

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE DILIP B.BHOSALE AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION RSA No.190/2011 DATE OF DECISION : 22nd January, 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Judgment reserved on : Judgment delivered on : 26.7.

POWER OF ATTORNEY BY THE PARTNERS OF A FIRM TO ONE OF THEM

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INTEREST ON THE AMOUNT OF LEAVE ENCASHMENT Judgment delivered on W.P.

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Ex F.A 7/2011. Reserved on : Date of Decision :

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Reserved On: Decided On: Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT Date of decision: 9th July, 2013 ITA 131/2010

IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG PROVINCIAL DIVISION)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No. 7 OF 2019 [Arising out of SLP (C) No of 2014] Versus

Transcription:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY RFA 124/2006 Date of Order : 19.11.2008 M/S RIVIERA APARTMENTS P.LTD.... Appellant Through: Mr. Dinesh Garg, Advocate versus RATTAN GUPTA and ANR.... Respondents Through: Mr. Anurag Kumar Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE J.R.MIDHA PRADEEP NANDRAJOG, J.(Oral) 1. Heard learned counsel for the parties. 2. Respondent No.1 Ratan Gupta, the plaintiff had booked a flat with the appellant and had paid Rs.15,00,000/- on various dates to the appellant. Having received back Rs.15,00,000/- and having executed a receipt, Ex.PW-1/DX1, as also having executed a no claim certificate, Ex.PW-1/DX2, both dated 30.11.1996 he proceeded to file a suit for recovery of Rs.7,12,000/- impleading appellant as defendant No.1 and one Rajiv Kumar as defendant No.2. He stated in the plaint that notwithstanding the receipt and the no claim certificate recording a full and final settlement between the parties, it was agreed between him and the appellant that he would be paid interest on Rs.15,00,000/- which he had paid from time to time to the appellant interest being @ 24% per annum and that apart from the payments made by cheque to the appellant he had paid Rs.2,00,000/- in cash at the time of booking of the flat which amount was stated to have been agreed to be repaid to him. Defendant No.2 was stated to be the broker who had finalized the deal. 3. In this manner, claiming Rs.5,12,000/- as the stated interest and Rs.2,00,000/- as return of the advance payment stated to have been paid in cash, suit was filed for recovery of Rs.7,12,000/-. 4. Needless to state the defence of the appellant was that no money was received in cash and that the respondent No.1 was the defaulting party under the contract which entitled appellant to forfeit the money received but as a measure of good-will the same

was returned without any forfeiture. Any agreement to pay interest much less @ 24% per annum on the amounts received by the appellant from respondent No.1 was denied. 5. Ex.PW-1/DX1 reads as under:- Received from M/s RIVIERA APARTMENTS PVT. LTD. Rs. 15 Lacs (Rupees fifteen Lacs only) vide Bankers Cheque No.042190 dated 14-11-1996 in full and final refund of the entire amount paid to M/s RIVIERA APARTMENTS PVT. LTD., paid over a period of time as follows:- S.No. Date Receipt No. Amount 1. 30-04-96 3887 Rs.2,00,000.00 2. 06-05-96 3888 Rs.2,00,000.00 3. 09-05- 96 3890 Rs.1,00,000.00 4. 01-08-96 3897 Rs.5,00,000.00 5. 17-09-96 3906 Rs.5,00,000.00 Total Rs.15,00,000.00 I confirm that the booking of the Dupliex Unit No.4 in the proposed project at Bungalow No.1, VIVEK, 45, Mall Road, DELHI-110054 made by me vide the Companys Booking Confirmation letter dated 30-04-1996 has been cancelled by me and this amount is being received in full and final consideration of my own free will without any pressure or compulsion. After the receipt of this amount, I acknowledge that I do not have any claim or lien on the said booking as Company is free to deal with the same in any manner they deem fit. I further confirm that I have been fully satisfied with the dealings of the Company with me and in an amicable manner I am hereby withdrawing my booking after having received the full refund of the amounts paid to them. This receipt is binding on all my successors and heirs and no one shall claim any privileges or dues from the Company but in case there is any such claim, or any demand, I will cover the Company against all such harms, costs and expenses and shall keep them indemnify fully against any such proceedings by any individual claiming through or under me. 6. Ex.PW-1/DX2 reads as under:- NO CLAIM/LIEN RECEIPT I, Rattan Gupta, R/o 30, North, Riviera Apartments, Mall Road, Delhi-110054, do hereby confirm that pending matter with regard to booking of proposed unit No.4 at Bungalow No.4, The Mall, Delhi, has since been resolved between me and M/s Riviera Apartments Pvt. Ltd. I have received the refund of the amount paid by me. All bookings, agreements, correspondences, notices, etc. pertaining to the said unit No.4 stands cancelled/withdrawn. Now, I am left with no claim of any nature whatsoever on any account whatsoever either against Unit No.4 or against M/s Riviera Apartments Pvt. Ltd. I further confirm that I did not enter into any further agreement or arrangement with any person whatsoever with regard to the said unit or based on the said booking in my favour and if M/s Riviera Apartments Pvt. Ltd. suffers any loss/damages because of my any act or conduct, I shall be responsible to reimburse the same and to keep M/s Riviera Apartments Pvt. Ltd. fully indemnified. IN WITNESS WHEREOF, this receipt-cum-no claim/lien receipt is executed at Delhi on this 30th day of November 1996 in the presence of witnesses. 7. In view of the fact that the two documents record a full and final satisfaction of the claim in respect of the advances received by the appellant from respondent No.1 the learned Trial Judge has returned a finding that the question of payment of any interest on said deposits does not arise.

8. No cross objections or cross appeal has been filed by respondent No.1. Thus, said finding has attained finality. 9. But, in respect of the claim of Rs.2,00,000/- stated to have been paid in cash, holding that the evidence establishes said payment being made, suit has been decreed in sum of Rs.2,00,000/- with interest @ 9% per annum on said amount from the date of institution of the suit till realization. 10. The reasoning of the learned Trial Judge to hold that Rs.2,00,000/- was paid in cash is two fold. Firstly, that defendant No.2, Rajiv Gupta, who was examined as PW-2 supported the case of respondent No.1 that when the deal was finalized a sum of Rs.2,00,000/- was paid in cash. The second reasoning of the learned Trial judge is on a question put by the appellant to PW-1 on cross examination. The same is a suggestion to PW-1 to which the answer is as under:- I do not know if defendant No.1 had paid a sum of Rs.2,00,000/- to the defendant No.2 or not. 11. Picking on the said suggestion, the learned Trial Judge has noted as under:- Strangely enough, a suggestion was put to the plaintiff if he knew as to whether defendant No.1 had paid a sum of Rs.2,00,000/- to defendant No.2 or not. The plaintiff had denied any knowledge about this but had asserted that he had not received the said amount till date. The aforesaid suggestion tends to show that defendant No.1 had paid the aforesaid sum of Rs.2,00,000/- (paid in cash by the plaintiff to defendant No.1 on 30.4.1996) to defendant No.2 for the purpose of refunding it to defendant No.1. 12. Learned counsel for the appellant has drawn our attention to the deposition of the plaintiff who appeared as PW-1. In para 18 of his deposition by way of an affidavit towards examination-in-chief, the plaintiff deposed as under:- I later on followed up the matter with defendant No.2 who assured me that he will take up the said matter with defendant No.2 to this effect also an affidavit was sweared by the defendant No.2 that an amount of Rs.2 lacs was paid in cash by me to the Defendant No.2. 13. Learned counsel for the appellant urges that admittedly neither is there a receipt evidencing payment of Rs.2,00,000/- in cash by the respondent No.1 to the appellant nor has the said sum been reflected in the income tax return or account books of respondent No.1 who is stated to be a chartered accountant, a fact not in dispute. 14. Learned counsel for the appellant urges that in view of the deposition of PW-1, the suggestion put to him cannot be labeled as a strange suggestion and no adverse inference can be drawn against the appellant. Counsel further urges that the receipts Ex.PW-1/DX1 and the no due certificate Ex.PW- 1/DX2 are both dated 30.11.1996 and record in no uncertain terms that the respondent No.1 i.e. the plaintiff had received the full amount and that there was a complete satisfaction of his claim. Counsel further urges that in the absence of any receipt evidencing payment of Rs.2,00,000/- to his client the oral testimony of the witnesses of the plaintiff are rendered meaningless.

15. Learned counsel for the respondent states that in his deposition, the plaintiff stated that he had made payment directly to the appellant and explains the averments in para 18 of the affidavit as a mistake. Counsel states that PW-2 was a broker and had no animus against either party and being an independent person there is no reason to disbelieve his testimony. 16. It is apparent that the second reasoning given by the learned Trial Judge is exfacie wrong. Be it a mistake, the fact of the matter remains that in para 18 of the affidavit by way of evidence the plaintiff stated that he had paid the amount in cash to defendant No.2. Lest said assertion remained unchallenged the defendant No.1 i.e. the appellant rightly questioned the witness whether he found out from defendant No.2 of his having further parted with the money. 17. Pertaining to the second reasoning of the learned Trial Judge that the testimony of PW-2, a neutral person, requires to be believed, suffice would it be to state that the plaintiff i.e. respondent No.1 being a chartered accountant is expected to know the value of a receipt. Further, he admitted being an income tax payee and conceded in his testimony that he had not reflected said payment of Rs.2,00,000/- for the purposes of income tax returns. We note that the receipts Ex.PW-1/DX1 and the no due certificate Ex.PW-1/DX2 are both dated 30.11.1996. They record a complete accord and satisfaction between the parties. It is not the case of respondent No.1 that he was coerced into executing the documents. 18. The theory of a distinct oral agreement of return of Rs.2,00,000/- is unbelievable for the reason we find no documentary evidence, post 30.11.1996, wherein respondent No.1 has raised a grievance, with reference to the alleged oral agreement, of the appellant not paying to him Rs.2,00,000/-. We note that the suit was instituted on 24.5.1997 i.e. after nearly 6 months of 30.11.1996. 19. We hold that the learned Trial Judge has erred in appreciating the evidence by ignoring the features which we have noted hereinabove. 20. The appeal is allowed. 21. Impugned judgment and decree dated 18.11.2005 is set aside. 22. Suit filed by respondent No.1 is dismissed. 23. Appellant shall be entitled to cost all throughout. 24. Money lying in deposit being deposited by the appellant together with the accrued interest thereon is directed to be returned to the appellant. The Registry shall endorse the fixed deposit receipt in the name of the appellant and shall hand over the same to the counsel for the appellant.

NOVEMBER 19, 2008 Sd./- PRADEEP NANDRAJOG, J. Sd./- J.R.MIDHA, J.