SOM NATH JAGGI Vs. ONKAR AGGARWAL

JUDGEMENT

(1.) Impugned in this appeal is the judgment and decree of the First Appellate Court dated 22.4.2006 whereby appeal of the respondent challenging the judgment and decree of the Trial Court dated 17.9.2005 was dismissed.

(2.) Parties to the appeal entered into an agreement to sell in respect of Property Nos. 11 /206 and 11 /207, Geeta Colony on 10.7.2001 for total consideration of Rs. 32 lacs. As per the agreement, Rs. 2.00,000.00 were paid by the respondent to the appellant as earnest money on 30.7.2001. When appellant failed to supply copies of the title of documents asked for by the respondent number of times, respondent along with the balance consideration amount and witness went to the office of Sub-Registrar on 30.10.2001 for execution of the sale deed, but in vain, as appellant did not appear before the Sub-Registrar. On the same day, appellant expressed his inability to the respondent to hand over the documents of the property in terms of the agreement to sell stating that he did not have clear title in the suit property in his favour. Respondent demanded double the amount of earnest money as per the agreement. When appellant failed to make the payment within 30 days as requested by him. respondent issued legal notices dated 9.8.2003 and 9.9.2003 demanding back the earnest money. Appellant replied to the said notice on 25.8.2003. Since appellant failed to make the payment as demanded, the suit was filed. Trial Court passed a decree for the suit amount with interest for three years preceding the filing of suit pendente lite and future interest till the date of decree at the rate of 9% per annum and from the date of decree till realisation at the rate of 6% per annum in favour of the respondent.

(3.) Dissatisfied with the judgment and decree of the Trial Court. appellant filed appeal being R.C.A. 93/2005 challenging the said judgment and decree. The Appellate Court agreed with the findings of the Trial Court and dismissed the appeal. Hence, this second appeal.