GURDIAL CHAND SHARMA Vs. SATISH MAHENDRU

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed against the judgments and decrees of the learned Courts below dismissing the suit for recovery filed by the plaintiff-appellant for refund of earnest money deposited towards part payment of sale consideration.

(2.) THE plaintiff-appellant brought a suit on the plea that an agreement was executed between the parties on 12.10.1993 wherein the defendant-respondents agreed to sell a plot measuring 175.71 sq. yards, the sale consideration was fixed at Rs. 1590/- per sq. yard and by way of earnest money, a sum of Rs. 30,000/- was paid. The case set up by the plaintiff-appellant was that the date fixed for execution of sale deed was 12.2.1994 which was subsequently extended to 25.2.1994. The defendant-respondents contested the suit on the plea that the plaintiff-appellant has failed to perform his part of contract and therefore, was not entitled to the refund of earnest money.

(3.) LEARNED counsel appearing on behalf of the appellant has challenged the judgments and decrees passed by the learned courts below on the ground that the mutation of the land agreed to be sold was not sanctioned in favour of the defendant-respondents. The contention of learned counsel for the appellant was that sanction of mutation in favour of defendant-respondent was pre-requisite to execute the sale deed.