RAJESH Vs. RAM BABU SHARMA

JUDGEMENT

(1.) C.M. No.3330/2018 (exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 27.10.2017 by which trial court has decreed the suit for a sum of Rs.4 lacs alongwith interest @ 9% per annum being the advance price paid by the respondent/plaintiff to the appellant/defendant under the agreement to sell dated 4.5.2012 and which agreement to sell could not go through.

(3.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he and the appellant/defendant entered into the agreement to sell on 4.5.2012 whereby the appellant/defendant had agreed to sell to the respondent/plaintiff property bearing no.303, admeasuring 99 sq yds out of khasra no.303, situated at Village Kondli in the aabadi of Lal Dora Delhi-110096 for a sum of Rs.550 lacs and the respondent/plaintiff had paid to the appellant/defendant a sum of Rs.4 lacs as advance. The respondent/plaintiff pleaded that the balance due was to be paid to the appellant/defendant by end of 30.6.2012 at the time of execution of the sale deed and that it subsequently transpired that the appellant/defendant was not the owner by a sale deed but only had with him the copy of General Power of Attorney with the fact that certain disputes were pending between the appellant/defendant and the relatives of previous seller as regards the suit property. After serving the legal notice dated 12.12.2012, the subject suit for recovery of Rs.4 lacs with interest came to be filed.