NEELAM KHANNA Vs. KANCHAN ARORA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 Code of Civil Procedure, 1908 is to the impugned judgment and decree -dated 30.04.2001 whereby the suit for recovery filed by Respondent/Plaintiff was decreed for the amount of earnest money paid under an Agreement to Sell.

(2.) THE Appellant as seller had agreed to sell to the Respondent/Plaintiff as buyer a plot of land bearing No. 189, Block B, Sector VIII at Dwarka, New Delhi for total consideration of Rs. 9,50,000/ - and pursuant to which agreement, the Appellant received a sum of Rs. 1,00,000/ -. The Appellant sought to forfeit the earnest money of Rs. 1,00,000/ - on the ground that it was the Respondent who committed a breach of contract. The trial court has however rejected the contention of the Appellant and decreed the suit for recovery.

(3.) IN view of the above, there is no scope for interference with the impugned judgment and decree. The appeal is therefore dismissed, leaving the parties to bear their own costs. Interim orders are vacated. Trial court record be sent back.