L.N.MITTAL, J. - (1.) ALTHOUGH strictly speaking, averments made in the application (supported by affidavit), do not make out sufficient ground for condoning long delay of 143 days in filing the appeal, yet adopting liberal approach, the application is allowed and delay of 143 days in filing the appeal is condoned.
(2.) PLAINTIFF Virender Pal who was partly successful in the trial court but has been completely non-suited by lower appellate court has filed instant RSA No. 4985 of 2010 along with RSA No. 4986 of 2010, both having same title Virender Pal versus Parmod and another. Two appeals have been filed because there were two first appeals although there was only one suit in the trial court. Both these regular second appeals shall stand disposed of by this common order. Plaintiff � appellant alleged in the suit that the defendants vide agreement dated 22.11.2001 agreed to sell a shop to the plaintiff for consideration of Rs. 20 lacs and received Rs. 3,50,000/- as earnest money and executed separate receipt for the same. The plaintiff paid further amount of Rs. 50,000/- to the defendants against receipt. Thereafter final agreement dated 25.8.2003 was executed between the parties. Sale deed was to be executed upto 7.11.2003. The plaintiff attended the office of Sub Registrar on 7.11.2003 to get the sale deed executed but the defendants did not turn up. The plaintiff alleged that according to agreements, he was entitled to refund of double the earnest money. Accordingly, plaintiff sought declaration that he is entitled to double the amount of earnest money and defendants are liable to pay the same. The plaintiff also sought mandatory injunction directing the defendants to pay the said amount of Rs. 8 lacs along with interest.
(3.) DEFENDANTS controverted the plaint averments and denied having received any amount from the plaintiff or having executed any agreement or receipt. The defendants alleged that both the parties were running joint business and plaintiff used to run the said business and had obtained signatures of defendants on some blank papers in connection with business and the plaintiff also removed some cheques signed by the defendants from the business premises.;