NEHRU LAL Vs. KALA

JUDGEMENT

(1.) The appellant-defendant has not been successful in partial decree of suit for declaration, whereby, the respondent-plaintiffs/vendors had sought the cancellation of the agreement to sell dated 27.05.2011 in respect of land measuring 9 kanals 18 marlas.

(2.) It was alleged that respondent-plaintiffs had entered into the aforementioned agreement with the appellant-defendant being vendee for a total sale consideration of Rs.37,50,000/- and received an amount of Rs.4,00,000/- as earnest money. The stipulated date for execution and registration of the sale deed was fixed as 15.09.2011 but the sale deed could not be executed as the property subject matter of the agreement to sell was mortgaged for obtaining the loan of Rs.4,90,000/-.

(3.) The defendant opposed the plea of declaration by admitting the contents of the agreement to sell and payment of total sale consideration, much less earnest money. It was alleged that defendant was ready to perform his part of the contract after getting the suit land partitioned and clear title.