NAFE SINGH Vs. SANJAY GUPTA

JUDGEMENT

(1.) C.M. Nos. 54260/2018 (for condonation of delay in filing) & 54261/2018 (for condonation of delay in re-filing) For the reasons stated in the applications, delay of 1 day in filing and 18 days in re-filing the appeal is condoned subject to just exceptions.

(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 26.07.2018 by which the trial court has decreed the suit for recovery of earnest money of Rs. 90,00,000/- paid by the respondent/plaintiff to the appellant/defendant under the Agreement to Sell dated 14.10.2013, and this agreement to sell did not go through.

(3.) Before the trial court, the issue which arose was to decide as to who was guilty of breach of contract, and to consider whether even if the respondent/plaintiff was guilty of breach of contract, was he legally entitled to forfeit the amount of Rs. 90,00,000/- received by him under the agreement to sell. The issues framed in the suit and the evidence led by the parties are referred to in paras 5 to 9 of the impugned judgment and these paras read as under: