Romesh Verma, Judge

The present appeal arises of judgment and decree, as passed by learned District Judge, Shimla, dated 01.12.2022, whereby the appeal filed by the defendant/respondent was partially accepted and the judgment and decree as passed by learned Senior Civil Judge, Court No.1, Shimla, District Shimla, H.P. dated 13.01.2022 was modified to the extent holding the plaintiff entitled to recover a sum of Rs.15,00,000/- (rupees fifteen lacs only) along with pendente lite and future interest @ 6% per annum from the defendant from the date of filing of the suit till actual realization along with costs of the suit.

2. Brief facts of the case are that the present appellant/plaintiff filed a suit for recovery of amount of Rs.20,00,000/- (rupees twenty lakhs) with interest @ 12% per annum from the date of execution of agreement to sell in the Court of learned Senior Civil Judge, Court No.1, Shimla. It was averred in the plaint that the defendant is the owner-in possession of the property comprised in Khasra Nos.2054/565, 2057/566, 1971/562/2/2, 1974/552/3/14, situated at Up Mohal Sanjauli Chowk, Tehsil and District Shima, H.P. The defendant, being the owner-in-possession of the said Khasra numbers, entered into an agreement to sell dated 14.05.2014. As per the agreement, it was agreed to sell a flat in the ground floor towards Dhalli side with approximate area measuring 700 Sq. feet to 730 Sq. feet comprising two bedrooms, one drawing-cum-dining room, one kitchen, two toilets/bath and one balcony to the plaintiff for a total consideration at the rate of Rs.5,400/- per square multiplied by approximate area at the time of registration of the sale deed. The plaintiff agreed to purchase the same and in that regard, an agreement dated 14.05.2014 was executed between the parties. The defendant agreed to construct and handover the possession of abovementioned flat with all amenities to the plaintiff within two years from the date of execution of agreement to sell. The period of two years has been completed on 14.05.2016.

3. As per the plaintiff, at the time of execution of agreement to sell dated 14.05.2014, the plaintiff paid an amount of Rs.5,00,000/- (rupees five lacs) as earnest money to the defendant. This was paid through cheque bearing No.075091 amounting to Rs.3,00,000/- (rupees three lacs) dated 14.05.2014 and another cheque bearing No.075092 amounting to Rs.2,00,000/- (rupees two lacs) also dated 14.05.2014. Additionally, Rs.6,00,000/- (rupees six lacs) was paid by way of cheque No.365022 dated 16.12.2015 of UCO Bank, Rampur. Further, Rs.2,00,000/- (rupees two lacs) was paid by way of cash and another payment of Rs.2,00,000/- (rupees two lacs) was paid by the plaintiff to the defendant on 18.07.2016 and receipt qua this payment is also issued by the defendant in the presence of witnesses. It was submitted by the plaintiff that he has paid a sum of Rs.20,00,000/- (rupees twenty lacs) to the defendant by way of cheques and cash and the balance consideration was to be paid at the time of execution of sale deed.

4. defendant has failed to execute the sale deed in favour of the plaintiff on or before 14.05.2016 and also changed the nature of the suit property. Though, the plaintiff had requested the defendant several times to complete the construction of the said flat and get the sale deed registered in the name of the plaintiff, but the defendant failed to do so till date. The defendant has changed the nature of the suit property with a view to defeat the legitimate right of the plaintiff. Therefore, the plaintiff has got a right to recover a sum of Rs.20,00,000/- (rupees twenty lacs), which has been paid to the defendant towards the sale consideration along with interest @ 12% per annum. Consequently, a suit was filed for granting a decree for recovery of amount of Rs.20,00,000/- (rupees twenty lacs), along with interest @ 12% per annum before the learned trial Court.

5. The defendant/respondent filed writte