Suit for recovery of money paid as earnest money on ground of non- delivery of goods—
Seller is bound to deliver the goods in good conditions provided the buyer makes the payment in terms of the contract. Buyer can recover the money paid to the seller when the goods are not delivered to him and sold elsewhere in violation of the terms of the contract. National Bank Ltd. Vs. Pragati Industries Ltd. 11 MLR (2006) (AD) 121.