Judgement

Appeal from a judgment and decree of the High Court (February 17, 1913) reversing a judgment and decree of Macleod J. at the trial.

By an agreement in writing dated July 8, 1908, and made in the Gujarathi language, the respondent agreed to sell to the appellant certain leasehold land for Rs. 85,000, of which Rs. 4000 were paid as deposit or earnest money upon the execution of the agreement. It was agreed that the respondent should make a marketable title. Clause 2 provided that Rs. 80,500 should be paid on the signing of the conveyance, which was to be prepared and received within two months from the date of the agreement, and Rs. 500 on the transfer of the land after the conveyance had been registered. Clause 5, as translated, provided as follows "On payment of the Rs. 81,000 due by the purchaser to the vendor as mentioned in clause 2 the conveyance is to be got executed by the vendor. But should I not pay the amount within the fixed period given then I shall have no right to Rs. 4000 paid this day to you as earnest money, and if I prefer any claim the same is null and void. After this date the vendor of this property has authority in every way to sell the same to anothe