Valmiki J. Mehta, J (Oral)

1. The challenge by means of this Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 21.9.2002 by which the trial Court decreed the suit for recovery of damages filed by the respondent/plaintiff of Rs. 5 lacs alongwith interest.

2. The facts of the case are that respondent/plaintiff as an owner of 5 bighas and 6 biswas of land i.e. approximately 5400 sq. yds. in village Mitraon, Delhi entered into an agreement to sell with the appellant/defendant on 17.4.1990. The total sale consideration was fixed for the land to be sold at Rs. 9,75,000/-. It was stated that as per the agreement to sell, possession of the suit land was given to the appellant/defendant. The respondent/plaintiff received only a sum of Rs. 1 lakh under the agreement to sell. The case of the respondent/plaintiff was that on account of the appellant carving out a colony on this suit land which was agricultural land, the land got vested in the Gaon Sabha and therefore the subject suit for damages came to be filed. It may be noted that except an amount of Rs. 1 lakh which was received by the respondent/plaintiff under