RENU SHARMA Vs. AMIT GOEL

JUDGEMENT

(1.) Cm No. 1742/2019 (delay in re-filing)

(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 31.07.2018 by which the trial court has decreed the suit for a sum of Rs. 5,40,000/- out of the total amount of Rs. 6,00,000/- paid by the respondent/ plaintiff/buyer to the appellant/defendant/seller under the Agreement to Sell dated 19.06.2013 with respect to the property being the second floor, D-50/36, Dilshad Colony, Delhi-110095.

(3.) I need not narrate the facts in detail because entering into of the agreement to sell and receipt by the appellant/defendant of the sum of Rs. 6,00,000/- under the agreement to sell is not disputed. The only issue is as to whether the appellant/defendant should be allowed to forfeit the amount of Rs. 6,00,000/- received by the appellant/ defendant under the subject Agreement to Sell dated 19.06.2013.