C AZEENA @ HASINA Vs. MOHAMMED RAFI

JUDGEMENT

(1.) This appeal has been preferred by the appellant, who is the defendant in the suit, which is filed for recovery of advance amount on an agreement for sale.

(2.) When the matter is taken up for hearing, learned counsel appearing for the appellant, based upon the affidavit filed today, would submit that the appellant will not alienate the property, which is the subject matter of the application. In the event of such alienation, a sum of Rs. 26 lakhs, which is the suit claim, will be deposited to the credit of C.S.No.375 of 2015. The said statement made in paragraph 6 of the affidavit stands recorded.

(3.) Though paragraph 6 of the affidavit makes a mention about Rs. 20 lakhs, learned counsel appearing for the appellant would submit that the amount mentioned in paragraphs 5 and 6 will have to be read as Rs. 26 lakhs, which is the suit claim other than the amount said to have been paid to the respondents. Accordingly, we make it clear that the amount mentioned in paragraphs 5 and 6 of the affidavit will have to be taken as Rs. 26 lakhs, which amount shall be deposited to the credit of C.S.No.375 of 2015, in case of any alienation.