ASHMA NIYAZI Vs. NAZMA ZUBAIR

JUDGEMENT

(1.) BY means of the present first appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) the appellant/seller impugns the judgment and decree dated 6.10.2010 whereby the trial Court decreed the suit of the respondents/plaintiffs, not for specific performance, but for refund of the advance amounts paid to the appellant/seller/defendant totaling to a sum of Rs.5,20,000/-. This sum of Rs.5,20,000/- was paid to the appellant/defendant in June, 2005 and May 2006. The agreement to sell is dated 31.3.2006.

(2.) THE trial Court has decreed the suit for a sum of Rs.6,20,000/- alongwith interest @ 9% per annum from 10.5.2006 till its realization. Effectively, what has therefore been ordered is the refund of the amount paid of Rs.5,20,000/- mostly in June, 2005 and one payment of Rs.2,80,000/- on 9.5.2006 with interest.