26 November 2015. Under this MOU, the suit flat was agreed to be sold to the original Plaintiff for a sum of Rs.55,55,000/. It is the case of the Plaintiff that out of this consideration, a sum of Rs.20,00,000/ has already been paid by the Plaintiff to the vendor or to her account. It is an undisputed position that the trial court has found that the amount was in fact paid. The trial court, however, has refused to grant any interim relief and dismissed the Plaintiffs Notice of Motion, presumably on the ground that the signatures appearing on the respective MOUs relied on by the Plaintiff and the Defendants defer. The Trial Court has, in the premises, refused to believe the Plaintiff's case. At the same time, since it came to the conclusion that an amount of Rs.20,00,000/ was in fact paid by the Plaintiff to Defendants, it ordered the defendants to deposit that amount in Court. Both the Plaintiff and the Defendants have come in appeal before this Court by way of Appeals from Order. Whereas the Plaintiff is aggrieved by the first part of the order, the Defendant is aggrieved by the other part concerning deposit of Rs. 20,00,000/ .
