ANOOP SINGH Vs. GOPAL KRISHAN BHURADIA & ANR

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit. By the impugned judgment dated 5.7.2017 trial court has dismissed the suit for specific performance filed by the appellant/plaintiff seeking specific performance of the Agreement to Sell dated 24.1.2013 with respect to third and fourth floor with roof rights of the property bearing no.14-B/40, measuring 88.9 sq yds, Dev Nagar, Karol Bagh, New Delhi-110005.

(2.) When this appeal came up for admission on 20.12017, the appellant/plaintiff sought only a limited relief in this appeal of refund of the amount paid by the appellant/plaintiff to the respondents/defendants under the subject Agreement to Sell being the amount of Rs.10.25 lacs out of the total sale consideration of Rs.90.25 lacs. The following order was passed on 20.12017:-

(3.) The issue therefore to be decided by this Court is that even if the appellant/plaintiff/buyer is guilty of breach of contract and did not have readiness and willingness to go ahead with the specific performance of the Agreement to Sell dated 24.1.2013, whether in such circumstances the respondents/defendants/sellers can forfeit the amount of Rs.10.25 lacs paid by the appellant/plaintiff to the respondents/defendants under the subject Agreement to Sell.