ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)

1.As both the appeals are directed against the common judgement and decree passed by the lower Court, they are being considered simultaneously.

2.The short facts are that the suit was filed by respondents No.1 to 3 for the specific performance of the contract alleging that the appellant Bank had agreed to sell the suit property for the consideration of Rs.35 lac and further as a part of the contract, an amount of Rs.3,50,000/- being 10% as earnest money was accepted and thereafter, as the contract was not performed the suit was filed. The defendant in the said suit and more particularly the appellant Bank, who was defendant No.1 mainly resisted the suit on the ground that there was no concluded contract entered into between both the sides and it was also submitted that the amount of Rs.3.50 lac was kept in lien account and not accepted as earnest money and, therefore, it was prayed for dismissal of the suit. The evidence was led by the parties to the suit and thereafter the learned Judge has passed the judgement and decree. Under these circumstances, the original defendant No.1 has preferred Appeal being First Appeal No.2894 of