VALMIKI J. MEHTA, J

CAVEAT No. 810/2018

1. Since counsel for the caveator has entered appearance, the caveat stands discharged.

C.M. Appl. No. 36280/2018 (for exemption)

2. Exemption allowed, subject to all just exceptions. C.M. stands disposed of.

RFA No. 749/2018 and C.M. Appl. No. 36279/2018 (for stay)

3. 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 10.5.2018 by which the trial court has decreed the suit for recovery for Rs.5,00,000/- and which amount was the amount paid by the respondent/plaintiff/buyer to the appellant/defendant/seller under the Agreement to Sell dated 12.9.2012, and on which Agreement to Sell the respondent/plaintiff/buyer had in an earlier suit failed to seek specific performance.

4. I need not narrate the facts in detail because it is an admitted position that the parties entered into an Agreement to Sell on 12.9.2012 for selling by the appellant/defendant/seller of her property to the respondent/plaintiff/buyer bearing no. 15/329, Trilok Puri, Delhi-110091. Total sale price fixed was Rs.17,88,000/-, of which a sum of Rs.5,00,000