S.G. NAGARAJ Vs. V. KEERTHI TRIPURASREE

JUDGEMENT

(1.) The captioned appeal is by the unsuccessful plaintiff who is assailing the judgment and decree rendered in O.S.No.2329/2005, wherein the trial Court has declined to exercise discretion and grant larger relief of specific performance of contract and has partly decreed the suit granting refund of Rs.3,20,000.00 earnest money with interest at the rate of 6% per annum. The said decree is under challenge at the instance of plaintiff.

(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: