unable to get the document registered because the landlord was not willing to appear before the Registration Authorities. The plaintiff and defendant No.1 then decided to cancel the Deed of Assignment and executed Deed of Cancellation dated 20th November, 2011 for the purpose. The main clause in the Deed of Cancellation was Clause No.2 under which defendant No.2 herein, the son of defendant No.1 was to be responsible to refund the amount of consideration to the plaintiff. Accordingly, defendant No.2 handed over a post-dated cheque for Rs.87,00,000/- to the plaintiff. The cheque when presented for payment was dishonoured for the reason “funds insufficient”. Thereafter, the plaintiff initiated proceedings under Section 138 of the Negotiable Instruments Act against defendant No.2, which resulted into conviction of defendant No.2 and a direction to him to pay Rs.87,00,000/- as compensation to the plaintiff along with interest thereon at the rate of 9% p.a. from 31st January, 2012 till the payment. When despite the order, defendant No.2 failed to make the payment, the plaintiff by the notice dated 28th August, 2014 demanded payment of Rs.1,37,65,000/- being the principal amount of Rs.87,00,000/- and the interest thereon of Rs.43,06,500/- at the rate of 18% p.a. Since, the notice was not complied with, the plaintiff filed the present suit for recovery of the amount.
