VALMIKI J. MEHTA, J.

C.M. Nos.43384/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. Nos.43381/2017 (for condonation of delay in filing) & 43382/2017 (for condonation of delay in re-filing)

2. For the reasons stated in the application, delay of 20 days in filing the appeal and 59 days in re-filing the appeal is condoned.

C.M.s stand disposed of.

RFA No.1001/2017 and C.M. No.43383/2017 (stay)

3. This Regular First Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (CPC) by the defendant in the suit impugning the judgment of the Trial Court dated 31.5.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for recovery of Rs.15 lacs along with interest at 6% per annum.

4. The facts of the case are that the respondent/plaintiff pleaded that he had agreed to purchase the property no. K-540, Gali No.7, Gautam Vihar, Delhi-110053 from the appellant/defendant for a consideration of Rs.12 lacs and with respect to which an agreement to sell dated 9.4.2012 was entered into between the parties. The respondent/plaintiff paid a sum of Rs.5.15 lacs as earnest money to the appellant/defendant at the time o