+ RFA(OS)122/2013
K.L.KATYAL ..Appellant Represented by: Mr.M.S.Vinaik, Advocate
versus
DR. PANKAJ KUMAR ....Respondent Represented by: Mr.Pradeep Kumar Arya with
Mr.Rajesh Kalra, Mr.Narendra
Chaudhary, Mr.Kamal Chabra and
Mr.Siddhant Singh, Advocates
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J.
1. The present Regular First Appeal is filed challenging the judgment and decree of the learned Single Judge of this Court dated September 03, 2013 passing a decree in favour of the respondent for specific performance of Agreement to Sell dated February 19, 2005.
2. The respondent filed the present suit stating that the appellant is the absolute owner of Flat bearing C-1A/98-A, Pankha Road, Janakpuri, New Delhi-110058. It is stated that the parties entered into an Agreement to Sell on February 19, 2005 where it was agreed that the appellant would sell the said flat to the respondent for a total sale consideration of `20,25,000/- (Rupees Twenty Lac Fifty Thousand). The respondent is stated to have paid RFA(OS)122/2013 Page 1 of 12 a sum of `1,00,000/-(Rupees one lac only) in advance/earnest money. An Agreement to Sell was executed. The defendant acknowledged receipt of the advanc