MUKESH KUMAR Vs. CHANDER PAL SINGH

JUDGEMENT

(1.) Mukesh Kumar, the appellant, has challenged the judgment dated 06.11.2015 passed by the learned Additional District Judge, Shahdara District, Kakardooma Courts Delhi in RCA No.18/2015 whereby the judgment and decree of the Trial Court dated 27.01.2015 in C.S No.147/2012 decreeing the suit for recovery of Rs.1,30,000/ - with interest at the rate of 9% per annum from the date of filing of the suit till the date of decree and future interest at the rate of 7% per annum from the date of decree till its realization as well as costs, has been upheld and affirmed.

(2.) Chander Pal Singh, respondent/plaintiff, on coming to know that the appellant/defendant wanted to sell his property measuring 25 sq. yds., agreed to purchase the same for a consideration amount of Rs.5,10,000/ -. Ikrarnama (Agreement to Sell) was executed on 28.11.2011 in presence of witnesses. As earnest money, an amount of Rs.1,30,000/ - was paid by the respondent/plaintiff on 28.11.2011. The Ikrarnama, referred to above, further indicated that the remaining consideration amount of Rs.3,80,000/ - would be paid at the time of execution of the sale documents which, according to the agreement, had to be done on 28.03.2012. A day prior to the aforesaid date i.e. on 27.03.2012, the respondent/plaintiff communicated to the appellant about his having arranged money for getting the sale deed executed. The respondent/plaintiff went to the Office of the Sub -Registrar -IV, Seelampur on 28.03.2012 with the consideration amount but the appellant/defendant never showed up. Sometimes later, the appellant/defendant refused to either execute the sale documents or return the earnest money which was accepted by him.

(3.) Hence, Civil Suit No.147/2012 was preferred for recovery of double the amount of the earnest money i.e. Rs.2,60,000/ - along with interest at the rate of 18% per annum.