GHANSHYAM DASS GUPTA Vs. MAKHAN LAL

JUDGEMENT

(1.) Proxy counsel appearing for the counsel for the appellant states that the appellant has taken back the brief.

(2.) The impugned judgment and decree dated 29.3.2003 is a judgment and decree in favour of the respondent/plaintiff for an amount which was paid under an Agreement to Sell. The impugned judgment and decree directs refund of the amount paid inasmuch as it is found that the appellant/defendant was guilty of breach of contract in not having obtained the permission from the Income Tax Authorities viz. the income tax clearance certificate.

(3.) Some of the relevant paragraphs of the Trial Court decreeing the suit read as under:-