GANESH SINGH KARKI Vs. DAYA KISHORE JOSHI

JUDGEMENT

(1.) Since the L.C.R. has been received, therefore, with the consent of parties counsel, this appeal is being heard finally today.

(2.) This appeal is directed against the judgment and decree dated 7- 11-2012, passed by Civil Judge (S.D.), Nainital, in Suit No. 113 of 2001, Daya Kishore Joshi and another versus Ganesh Singh Karki, whereby the suit of the plaintiff-respondents has been decreed U/O 12 Rule, 6 C.P.C. in favour of plaintiff against the defendant for the recovery of a sum of Rs. ten lakhs along with interest @ 6% per annum.

(3.) Briefly stated the facts giving rise to the appeal are that the appellant-defendant had entered into an agreement of sale of his land with the plaintiffs and had executed an unregistered agreement of sale in their favour on 27-12-2006. The plaintiffs-respondents had paid a sum of Rs. ten lakhs to the appellant-defendant as earnest money and as per terms and condition of the agreement the sale-deed was to be executed by the defendant-appellant after receiving the rest of the consideration within a period of six months. Rest of the consideration amount was not paid by the plaintiffs-respondents to get the sale deed executed, within time, therefore, the earnest money stood forfeited and the agreement of sale was to be treated as cancelled.