SH. SUDESH KAKKAR Vs. SH. SATISH MITTAL

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 28.11.2016 by which trial court has dismissed the suit for recovery of money filed by the appellant/plaintiff/proposed buyer against the respondent/defendant/proposed seller. A money decree of Rs. 6,46,500/- was prayed by the appellant/plaintiff on the ground that the amount of Rs. 6 lacs was paid under the subject Agreement to Sell and this should be returned alongwith interest totaling to the amount of Rs. 6,46,500/-.

(2.) I need not narrate the facts in detail because admittedly with respect to property no. D/E-53, Sector-3, DSIIDC Industrial Park, Bawana, Delhi-39 on 17.12.2011 parties entered into an Agreement to Sell for a total sale consideration of Rs. 72.51 lacs and out of this total amount, a sum of Rs. 6 lacs has admittedly been received by the respondent/defendant from the appellant/plaintiff. Pleading that it was not the appellant/plaintiff, but it was the respondent/defendant who was guilty of breach of contract, the subject suit was filed for recovery by pleading the breach that necessary infrastructure and facilities to be made by the respondent/defendant on the suit property were not built.

(3.) Respondent/defendant has contested the suit and pleaded that it was the appellant/plaintiff who was guilty of breach of contract because he had no moneys to complete the sale transaction. It was also pleaded by the respondent/defendant that the appellant/plaintiff had no moneys to complete the transaction and due to adverse market conditions of fall in the property price and since the appellant/plaintiff who had to sell the property further could not do so, hence the appellant/plaintiff failed to complete the sale transaction.