J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Appeal under Section 96 read with Order XLI Rule 1 of CPC has been filed on behalf of the Appellant Manjit Singh against Final Order and Decree dated 09.04.2021, whereby Suit of the Plaintiff / Respondent for Specific Performance, Damages, etc., has been decreed against Appellant for Rs.1,30,00,000/- along with proportionate cost and pre-Suit interest with effect from 25.10.2011 @ 12% per annum, pendente-lite interest @ 6% per annum, in terms of alternate prayer in the Suit.

2. Plaintiff / Respondent M/s Capitol Estates Pvt. Ltd. filed the Suit bearing CS No.10563/2016 for Specific Performance of Agreement to Sell dated 03.11.2009 and in the alternative sought refund of sum of Rs.1,30,00,000/- along with interest @ 24% per annum paid by the Plaintiff Company under the Agreement to Sell and also to award Damages on account of non-performance of Agreement to Sell by the Defendant.

3. Facts and briefs, as narrated in the Plaint were that the Plaintiff Company was in the business of real estate investment and the Directors were interested in purchasing the Apartment for giving it on rent for the time being and later for their personal use. Th