Oral Judgment: (Mohit S. Shah, CJ.)

This appeal is directed against the judgment and order dated 20 October 2011 of the learned single Judge of this Court in summons for judgment in the summary suit filed by the respondent herein for an amount of Rs.67,10,000/- together with interest at the rate of 12% p.a. on the principal sum of Rs.61,00,000/-. The learned single Judge has, by the impugned judgment and order, made this summons for judgment absolute and decreed the suit in the sum of Rs.61,00,000/- together with interest at the rate of 12% p.a. from 29 April 2009 till payment and/or realization with costs.

2. The parties had entered into Memorandum of Understanding (MOU) dated 12 May 2009, under which the appellant/defendant was to sell to the plaintiff a flat for consideration of Rs.8.46 crores. It is the case of the plaintiff that the defendant represented that he along with his father and brother had tenancy right in the flat and that the defendant had an authority to enter into MOU.

3. The plaintiff paid aggregate amount of Rs.61,00,000/- by two cheques-cheque dated 6 April 2009 for Rs.11,00,000/- as earnest money and cheque dated 29 April 2009 for Rs.50,00,000/- a