VALMIKI J. MEHTA, J.

1. 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 9.6.2017 by which trial court has decreed the suit for recovery of Rs.18 lacs filed by the respondent/plaintiff for an amount of Rs.9 lacs with interest at 12% per annum pendente lite and future. The counter-claim of the appellant/defendant to forfeit the amount of Rs.9 lacs was dismissed by the impugned judgment. The amount decreed of Rs. 9 lacs is the amount which was paid by the respondent/plaintiff to the appellant/defendant/counter-claimant under the agreement to sell dated 15.9.2005 entered into with respect to the property of the appellant/defendant being Flat no. D504, Chanakya Cooperative Society, Sector 4, Plot No.23, Dwarka, New Delhi.

2. At the time of issuance of the notice in this appeal on 12.9.2017, the following order was passed and which shows that the appellant/defendant/counter-claimant contended that the appellant/defendant should be held entitled to forfeit, if not the amount of Rs.9 lacs decreed in favour of the respondent/plaintiff, then at least the amount