TARSEM LAL BAJAJ Vs. GULSHAN CHAWLA

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 02.11.2016 by which trial court has dismissed the suit for recovery of Rs. 68 lakhs filed by the appellant/plaintiff/buyer against the respondent/defendant/seller. The amount of Rs. 68 lakhs which was claimed was on account of the appellant/plaintiff claiming double the amount of Rs. 34 lakhs paid by the appellant/plaintiff to the respondent/defendant under the Agreement to Sell dated 13.06.2014.

(2.) Counsel for the appellant/plaintiff states that appellant/plaintiff confines the relief in the present appeal for the recovery of Rs. 34 lakhs as opposed to the claim in the suit for double the amount of Rs. 34 lakhs at Rs. 68 lakhs, as this was the amount which was paid by the appellant/plaintiff to the respondent/defendant under the subject Agreement to Sell dated 13.06.2014.

(3.) It may be noted that the respondent/defendant did not appear in the trial court and was proceeded exparte. No written statement was filed by the respondent/defendant and no evidence has been led by the respondent/defendant. The appellant/plaintiff led evidence and proved the Agreement to Sell as Ex.PW1/1. The receipt dated 12.12.2014 of appearance of the appellant/plaintiff before the sub-Registrar for registration of the Sale Deed was proved as Ex.PW1/4. The fact that the respondent/defendant was the owner in terms of a Collaboration Agreement entered into by the respondent/defendant with the owner Smt. Ish Rani has also been deposed to by the appellant/plaintiff.