DHARAM CHAND SONI Vs. SUNIL RANJAN CHAKRABARTY

JUDGEMENT

(1.) The plaintiffs' case is that there was an agreement by the defendants to sell the disputed property to them. So a deed of agreement was executed by the defendants on the 2nd Feb., 1966, contracting to transfer the property to them for Rs. 19,001/- and Rs. 3,001/- was paid as the earnest money. The contract fell through due to the defendants' default The suit is for refund of the earnest money together with a prayer for the recovery of a sum of Rs. 75/- as damages.

(2.) The defendants took, the defence that there was no default on their part. The contract fell through due to the plaintiffs' laches and default So pursuant to the contract embodied in the deed of agreement, the sum of Rs. 3,001/-, which had been paid as the earnest money, was forfeited.

(3.) The learned Munsif stated that the contract fell through due to the plaintiffs' own default and the defendants were not at fault. So the suit was dismissed. The plaintiffs went up on appeal and lost the same. Hence this second appeal.