HANSRAJ Vs. AMRITLAL

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree of the former High Court of Bikaner dated 22. 1. 46 presented to the Ijlas-i-Khas of Bikaner and transferred to this High Court under Ordinance XL of 1949 read with Ordinance XIII of 1950.

(2.) THE plaintiff appellant sued the respondent on an allegation that the defendant had agreed to sell 111 bighas and 5 biswas of agricultural land in chak No. 12 P. S. and half share in a shop in Raisinghnagar on nth May, 1943 for a sum of Rs. 18000/- and the plaintiff paid to the defendant Rs. 5000/- as earnest money. THE balance of the purchase money was to be paid on execution of the sale deed within a month. It was stipulated that if the purchaser did not complete the transaction, the earnest money would be forfeited and similarly if the vendor refused to complete the sale, he was to pay Rs. 5000/- as damages. It was alleged that the defendant refused to execute the sale deed and intimated to the plaintiff of his intention by Telegram on 21st June, 1943. THE plaintiff claimed a return of Rs. 5000/- paid by him as earnest money and Rs. 5000/- more as damages for breach of the contract.