SARITA DOKANIA Vs. KRISHNA DEY

JUDGEMENT

(1.) We have heard learned Counsel for the parties.

(2.) Leave granted.

(3.) The Appellants impugn the judgments dated 4th January, 2011 rendered by the Patna High Court in First Appeal No. 5 of 2008 and First Appeal No. 8 of 2008. The Appellants have filed two suits against the Respondents for specific performance of agreements dated 25th July, 1999 and 27th July, 1999. The suits were contested by the Respondents on legal issues as well as on facts. It was the specific plea of the Respondents that notice dated 4th September, 1999 was sent to the Appellants with a request to receive back the earnest money as the legal representatives of the sister were not agreeing to the performance of the Agreement executed by the Respondents. The Appellants, however, did not accept the aforesaid offer and filed the suit for specific performance.