M.P. KANDASWAMY Vs. N.M. SHIVALINGAIAH

JUDGEMENT

(1.) This is an appeal by special leave at the instance of original plaintiff (appellant herein) against defendants-respondents, seeking specific performance of agreement (Ext. P1) entered into between them on 15th July, 1992 for sale of landed property measuring 30 acres 27 guntas in Jackhalli village, Hangalla Hobli, Gundlupet Taluk, Karnataka.

(2.) The learned trial Judge by an elaborate judgment, dismissed the Suit of appellant-plaintiff but declared that the respondents-defendants should refund the earnest money of Rs. 62,500/- paid by the appellant- plaintiff with interest @ 6% p.a. from the date of Suit till realization.

(3.) Against the judgment of the trial Court, the plaintiff-appellant carried the matter in appeal to the High Court. Relying on the law enshrined in a decision of this Court in the case of K.S. Vaidyanadam v. Vairavan, 1997(2) R.C.R (Civil) 312 : AIR 1997 SC 1751, the High Court observed that the plaintiff did not act in a prudent manner to get the contract completed, and dismissed his appeal. That is how the matter is before us in this appeal preferred by the original plaintiff.