K.YERRISWAMY Vs. P.VIRUPAKSHAPPA SHETTY AND SONS

JUDGEMENT

(1.) The captioned appeal is by the plaintiff assailing the judgment and decree rendered by the trial Court in O.S.No.56/2011 wherein plaintiff's suit seeking relief of specific performance of contract based on an agreement of sale dtd. 10/6/2010 is partly allowed by the trial Court and suit is decreed ordering for refund of earnest money of Rs.80,00,000.00 with interest at the rate of 10% per annum from the date of suit till realization. Plaintiff is therefore in an appeal.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The facts leading to the case are as under: