LAWS(DLH)-2012-8-474

LEELA RAM Vs. RAJ KUMAR

Decided On August 28, 2012
LEELA RAM Appellant
V/S
RAJ KUMAR Respondents

JUDGEMENT

(1.) EXEMPTION , as prayed for, is allowed subject to all just exceptions.

(2.) THE application stands disposed of.

(3.) IN substance, the suit of the plaintiff was based on the non-performance of an agreement to sell by the defendant, appellant herein, in respect of a property measuring 67 sq yards bearing No. 11880 at Gali No. 10, Sat Nagar, Karol Bagh, New Delhi. It was the plaintiff's case that by an agreement to sell dated 14.6.2008 the defendant agreed to sell the entire second floor (without terrace rights) in the aforesaid property to the plaintiff for Rs. 24,50,000.00 and the plaintiff paid the defendant Rs. 8,00,000.00 as earnest money. It was agreed between the parties that the balance would be paid within 8 months, i.e. on or before 13.2.2009. The defendant was also obliged to simultaneously execute necessary documents to complete the sale. An important feature of the agreement was the obligation of the defendant to pay double the earnest money in case he failed to come forward to receive payment and execute all necessary documents. According to the plaintiff, the defendant failed to honour his commitments despite service of legal notice on him calling upon him to perform. Consequently, the plaintiff sued for recovery of Rs. 16,00,000.00 being double the earnest money paid to the defendant along with interest at the rate of 12% per annum. The suit of the plaintiff was decreed along with interest at the rate of 9% per annum plus costs. The defendant has appealed to this court.