M.C. LUTHRA Vs. ASHOK KUMAR KHANNA

JUDGEMENT

(1.) 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 9.6.2017 by which trial court has decreed the suit for recovery of Rs.18 lacs filed by the respondent/plaintiff for an amount of Rs.9 lacs with interest at 12% per annum pendente lite and future. The counter-claim of the appellant/defendant to forfeit the amount of Rs.9 lacs was dismissed by the impugned judgment. The amount decreed of Rs. 9 lacs is the amount which was paid by the respondent/plaintiff to the appellant/defendant/counter-claimant under the agreement to sell dated 15.9.2005 entered into with respect to the property of the appellant/defendant being Flat no. D504, Chanakya Cooperative Society, Sector 4, Plot No.23, Dwarka, New Delhi.

(2.) At the time of issuance of the notice in this appeal on 12.9.2017, the following order was passed and which shows that the appellant/defendant/counter-claimant contended that the appellant/defendant should be held entitled to forfeit, if not the amount of Rs.9 lacs decreed in favour of the respondent/plaintiff, then at least the amount of Rs.3 lacs. This order dated 12.9.2017 reads as under:-

(3.) Today counsel for the appellant/defendant/counter- claimant has, in spite of what is recorded in the order dated 12.9.2017 of appellant/defendant restricting the claim of forfeiture to a reasonable amount of Rs. 3 lacs out of Rs.9 lacs, argued by placing reliance upon the judgment of the Supreme Court in the case of Satish Batra Vs. Sudhir Rawal (2013) 1 SCC 345 that since the amount of Rs.9lacs was paid by the respondent/plaintiff to the appellant/defendant as earnest money, hence in accordance with the ratio in the case of Satish Batra (supra) the entire amount of Rs. 9 lacs can be forfeited by the appellant/defendant as permitted by Clause 8 of the agreement to sell. The impugned judgment of the trial court is therefore prayed to be set aside and the counter-claim of the appellant/defendant is prayed for being decreed for entitling the appellant/defendant to forfeit the entire amount of Rs.9 lacs received by the appellant/defendant from the respondent/plaintiff.