RAMESHWAR GOPAL Vs. ANIL ATREY

JUDGEMENT

(1.) C.M. No.23588/2018 (exemption)

(2.) For the reasons stated in the application, delay of 54 days in filing the appeal is condoned.

(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit filed by the respondent/plaintiff for specific performance pertaining to property bearing nos.75 to 90 built on a plot no.WZ-296, Block 'G', forming part of Khasra No.835, situated at Hari Nagar, 'G' Block, Jail Road, New Delhi. Trial court while dismissing the suit for specific performance by the impugned judgment, has directed the appellant/defendant to refund the amount of Rs.28.50 lacs received under the Agreement to Sell by passing a money decree for this amount in favour of the respondent/plaintiff and against the appellant/defendant.