GOPI Vs. PASSA @ RAM CHANDER

JUDGEMENT

(1.) By this judgment, RSA Nos.4091 and 4758 of 2003 shall stand disposed of as both are arising from the suit filed by the plaintiff- appellant in RSA No.4758 of 2003. Plaintiff as well as defendants have filed these appeals against a common judgment.

(2.) In the considered view of this Court, following substantial questions of law arise for determination by this Court:-

(3.) Some facts are required to be noticed. Undisputed facts are that plaintiff Passa @ Ram Chander agreed to purchase land measuring 46 kanals from defendant No.1 Gopi vide agreement to sell dtd. 27/8/1994 at the rate of Rs.95,000.00 per acre (total sale consideration Rs.5,46,250.00) and paid Rs.80,000.00 as earnest money. The land agreed to be sold was already under mortgage with possession in favour of the plaintiff vide mortgage deed dtd. 16/1/1992 for a sum of Rs.50,000.00. The date for execution and registration of the sale deed was fixed as 10/6/1995.