TAHALJEET Vs. JAGDISH KUMAR

JUDGEMENT

(1.) This appeal is preferred by the appellant/plaintiff against the judgment and decree dated 23.09.2017 passed by the learned Additional District Judge-03/Central District, Tis Hazari Courts, Delhi (hereinafter referred as the learned 'Trial Court') in CS No.28/2016 (New No.611137/2016) whereby the suit of the appellant for specific performance in respect of flat No.E-293, Pocket No.3, Bindapur, New Delhi (hereinafter referred as the "subject flat") and alternatively for recovery of Rs.5.00 Lacs was dismissed post trial.

(2.) This Court has issued limited notice in this appeal only qua refund of earnest money per order dated 29.01.2018.

(3.) The brief facts culminated into filing of this appeal are the respondent herein had allegedly entered into an agreement vide Bayana Receipt dated 26.03.2007 to sell the subject flat owned by him to the appellant herein for a total sale consideration of Rs.5.00 lacs. The earnest money of Rs.2.50 lacs in cash was paid on the same day by appellant to respondent. On 25.07.2007 the appellant had requested the respondent to accept the balance sale consideration and finalise the deal but the respondent refused to do so, probably, on account of price escalation; on 27.07.2007 the appellant got issued a legal notice dated 26.07.2007 upon respondent through registered post and UPC; on 23.08.2007 appellant again approached the respondent for completing the deal and to pay balance amount but to no avail; on 31.08.2007 the appellant filed this suit against respondent for specific performance and permanent injunction with an alternate relief of recovery of Rs.5.00 lacs i.e. double the amount of earnest money; and vide the impugned judgment dated 23.09.2017 the suit of appellant came to be dismissed by the learned Trial Court.