SAIKAT SARKHEL Vs. KANCHAN DEY

JUDGEMENT

(1.) Both the present appeals arise at the behest of the defendant in a money suit, respectively challenging the money decree passed in the suit and the dismissal of the defendant/appellant's counter claim, also for money.

(2.) The plaintiff/respondent alleges that an agreement for sale of a plot of land comprised in RS Dag no. 793 (LR Dag no. 1734) under RS Khatian no. 1015 (LR Khatian no. 4492), JL No. 7 of Mouza - Baxarah, PS - Jagacha, District - Howrah was entered into between the parties on September 2, 2012, whereby the defendant/appellant agreed to sell the subject property to the plaintiff/respondent.

(3.) In terms of the agreement, a total amount of Rs, 5,46,000/- (out of the total consideration of Rs.19.00 lakh) was paid by the plaintiff in advance to the defendant in different tranches. However, the defendant/appellant dilly-dallied, prompting the plaintiff/respondent to right a letter through his learned advocate on March 18, 2013, requesting the defendant/appellant to receive the balance consideration and to execute and register the proposed sale deed, alternatively to return the amount of Rs.5,46,000.00paid by the plaintiff as earnest/advance money.