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 whereby the Trial Court has decreed the suit for recovery of Rs. 2,10,000/- alongwith interest, and this amount is held in as liable to be paid/refunded because it was the appellant/defendant who had failed to perform her part of the contract/Agreement to Sell and thus because of committing breach, the amount received of Rs. 2,10,000/- under the subject agreement to sell cannot be forfeited.

2. I need not narrate the facts in detail because entering into the Agreement to Sell between the parties dated 7.5.2011, Ex.PW1/2 is not disputed. That the appellant received a sum of Rs.2,10,000/- under the Agreement to Sell dated 17.5.2011 is also not disputed by the appellant/defendant. In my opinion, there is no need to go into the aspect as to whether or not the respondent/plaintiff was guilty of breach of contract, or instead whether the appellant/defendant was or was not guilty of breach o