PARAMJEET KAUR Vs. AMARJEET SINGH

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 7.4.2010 which dismissed the suit filed by the appellant/plaintiff/proposed buyer-Smt. Paramjeet Kaur w/o Sh. Daljit Singh for recovery of double the amount of the price paid of Rs. 4 lacs i.e. Rs. 8 lacs, under the agreement to sell dated 11.12.2006 entered into with the respondents/defendants/proposed sellers.

(2.) THE facts of the case are that the predecessor-in-interest of respondents/defendants namely Smt. Parmjit Kaur w/o late Sh. Gurbachan Singh entered into an agreement to sell dated 11.12.2006 with the appellant/plaintiff- Smt. Paramjeet Kaur w/o Sh. Daljit Singh with respect to first and second floor with roof rights of the property bearing No. 25-B, Single Storey, Ramesh Nagar, New Delhi for a total consideration of Rs. 24,65,000/-. An amount of Rs. 3 lacs was paid at the time of entering into the agreement to sell and thereafter an additional amount of Rs. 1 lakh was paid on 3.4.2007. The appellant/plaintiff claimed that the predecessor-in- interest of the respondents/defendants was guilty of breach of contract and therefore the appellant/plaintiff was entitled to receive double the amount of Rs. 4 lacs already paid and hence the subject suit for recovery of Rs. 8 lacs came to be filed.

(3.) AFTER completion of pleadings, the trial Court framed the following issues:-