JUDGMENT :

By virtue of the instant two appeals the appellate jurisdiction of this Court is being invoked by the appellant herein under Order 43 CPC.

MA No. 02/2005

1. The facts which has led to the filing of instant appeal would reveal that : -

- An agreement to sell came to be executed by the respondent herein with the appellant herein agreeing to sell 3 storied Tin Roof building namely “Bhagat Building”situated at Amira Kadal, Srinagar, (for short the Building) for an amount of Rs. 51 lacs and for the said purpose a general Power of Attorney was executed by the respondent herein in favour of the appellant herein on 30.07.2001. Prior to the execution of aforesaid agreement to sell, the appellant herein claimed to have paid an amount of Rs. 1 lac to the respondent herein on the date of execution of the agreement and thereafter an amount of Rs. 13 lacs as an earnest money. Whereas, the balance amount had to be paid within 90 days from the date of aforesaid agreement and thereafter possession of the building had to be delivered to the appellant herein completing the transaction of sale.

- The appellant herein claimed to have acted diligently in accordance with agreement to sell as a