through cheque/DD dated 28th August, 2013, again at the time of execution and registration of the Sale Deed; (ix) the balance amount of Rs.3,72,00,000/- has not been paid; (x) that the defendants, on 29th August, 2013 when the Sale Deed was executed, had paid two cheques/DDs to the plaintiff besides the cash paid earlier and the plaintiff, after calculation discovered the total amount paid to be deficit by Rs.3,72,00,000/-; (xi) the plaintiff immediately pointed out the same to the defendants who told the plaintiff that the same was inadvertently left out due to a mistake in calculation and assured that ―let the ‗sale deed‘ be executed, this balance amount of Rs.3,72,00,000/- (Rupees Three Crore Seventy Two Lakhs only) will be paid in cash after mutation, but the defendants till today failed to make the payment of balance consideration‖; (xii) ―that the defendants undue advantage of the simplicity of the plaintiff with mala fide intention, ulterior motive committed fraud upon the plaintiff and has wrongly got mentioned in the sale deed that Rs.5,00,00,000/- (Rupees Five Crore Only) was paid in cash to the plaintiff at the time of execution and registration of sale deed‖; (xiii) that the plaintiff, on several occasion demanded the balance sale consideration of Rs.3,72,00,000/- from the defendants but the defendant no.1 through defendant no.2 and others, on each and every occasion gave false assurance to the plaintiff that there is some problem in the accounts of the defendant no.1 and as soon as the problem is sorted out, they will make the payment of balance sale consideration; (xiv) that the plaintiff got served a legal notice dated 11th April, 2016 for payment of balance sale consideration but despite the said legal notice, the defendants neither gave any reply thereto nor paid the balance sale consideration; (xv) that the defendants ―now on the basis of the said sale deed‖, ―have started CS(OS) No.590/2016 Page 3 of 21
