FARZANA RANJAN Vs. PREETI ARORA

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 26.12.2016 by which trial court has decreed the suit for specific performance filed by the respondent/plaintiff of the Agreement to Sell dated 30.10.2009 with respect to the suit property being the entire third floor with roof and terrace rights of property bearing no.Q, South Patel Nagar, New Delhi measuring 95.7 sq mtrs. The total sale consideration under the Agreement to Sell was Rs.43.75 lacs of which the respondent/plaintiff had paid a sum of Rs.5.75 lacs to the appellant/defendant.

(2.) Before this Court, counsel for the appellant/defendant has argued as under:-

(3.) Learned counsel for the appellant/defendant states that appellant/defendant has however no difficulty in case the Court passes a money decree for refund of a sum of Rs.5.75 lacs by the appellant/defendant to the respondent/plaintiff along with reasonable rate of interest on account of this amount being received by the appellant/defendant under the subject agreement to sell.