SADURAM Vs. TIKESHWAR

JUDGEMENT

(1.) Instant Plaintiffs second appeal arises against the judgment and decree dated 6-4-1988 passed by the 1st Additional District Judge to the Court of District Judge, Raigarh in Civil Appeal No. 89-A/ 1979.

(2.) Facts of the case in brief are as under:

(3.) Learned trial Court decreed the suit finding inter alia: Defendant No. 1 executed agreement of sale for a consideration of Rs. 3100/- in Plaintiffs favour on 24-1-1972 after receiving Rs. 1500/- as earnest money in presence and with the consent of other Defendants, however observed, in case of failure of Defendants to execute sale deed, Plaintiff will be entitled only for refund of earnest money of Rs. 1500/- without interest and will not be entitled for getting sale deed, executed through court.