JOHN H P SINGH Vs. M S FRANKLIN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 26.02.2010 which had endorsed the findings of the trial Judge dated 16.05.2009 whereby the suit filed by the plaintiff Mrs. M.S. Franklin had been decreed in the sum of Rs.1 lac along with interest @ 6% per annum.

(2.) THE plaintiff had agreed to purchase the house bearing No.59, Khasra No. 131, village Khajoori Khas, Extension Delhi from defendant No. 1 for a sum of Rs.13,10,000/- A sum of Rs. 50,000/- was paid in cash as `bayana' (earnest money) by the plaintiff to the defendant. `Bayana' receipt dated 28.08.2005 had been executed. THE defendant had undertaken to execute the sale documents in favour of the plaintiff by 15.09.2005. On 09.09.2005, defendant No. 1 had approached the plaintiff; he was in dire need of money. THE plaintiff paid a sum of Rs.1 lac as part payment of the sale consideration which was vide receipt dated 09.09.2005 (Ex. PW- 1/2). THEreafter, inspite of efforts by the plaintiff to pay the balance sum, the defendant with malafide and ulterior motive refused to execute the sale agreement. THE plaintiff had accordingly filed the present suit seeking recovery of Rs.1,50,000/- which she had paid vide two receipts dated 28.08.2005 & 09.09.2005; Rs.60,000/- was the commission which had been paid by the plaintiff to defendant No. 2; interest had also been claimed. Suit amount was Rs.2,23,650/-.

(3.) THIS judgment of the trial court was affirmed in first appeal.