RAJBIR SINGH & ANR Vs. JASWANT YAVDAV

JUDGEMENT

(1.) C.M. Appl. No. 19752/2018 (for exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the judgment of the trial court dated 25.1.2018 by which the trial court though dismissed the suit for specific performance filed by the respondent/plaintiff with respect to the agreement to sell dated 21.10.2012 pertaining to subject land measuring 11 bighas 1 biswas, out of Khasra no. 38//2/2(4-13), 9(4-16) and 8/2(1-12) situated in Village Mitraon, Tehsil Najafgarh, New Delhi, however the trial court decreed the suit in favour of the respondent/plaintiff for recovery of Rs.20 lacs which was paid by the respondent/plaintiff to the appellants/defendants under the subject agreement to sell dated 21.10.2012. The total sale consideration for the agreement to sell was Rs.2,15,40,000/- out of which a sum of Rs.20 lacs was paid in advance as earnest money to the appellants/defendants by the respondent/plaintiff.

(3.) Trial court for decreeing the suit for recovery of money has considered this relevant aspect from paras 38 to 48 of the impugned judgment, and these paras read as under:-