FACTS- In the present case, the defendant had agreed to sell the residential house to the plaintiff and advance sale consideration was also paid. Alleging a breach of agreement, the plaintiff filed suit against the defendant. On the other hand, the defendant pleaded that it was the plaintiff who breached the agreement by failing to pay the balance sale consideration. The Trial Court dismissed the suit and the appeal was preferred by the plaintiff before the High Court.

ISSUE- whether a buyer is entitled to a charged decree on the plaint schedule property under Section 55(6)(b) of the Transfer of Property Act when both the plaintiff (buyer) and defendant (seller) have failed to perform the agreement for the sale of a property after the buyer already paying advance sale consideration.

OBSERVATION-In the facts of the case, the Court stated that both the plaintiff and defendant were at fault or were not eager for the performance of the agreement, as a result of which breach occurred. Accordingly, the Court held that the plaintiff was entitled to charge over the property and allowed the appeal.