BHAGIRATHI DEWANGAN Vs. JHADURAM

JUDGEMENT

(1.) Since both the appeals are arising out of same impugned judgment and decree, they are being considered and decided by this common judgment.

(2.) These two first appeals are arising out of the same judgment and decree dated 30-4-2016 passed by the 9th Additional District Judge, Raipur, in civil suit No.77-A/12 (Bhagirathi Dewangan v Jhaduram and Others) partly allowing the suit preferred by the plaintiff - Bhagirathi Dewangan (henceforth 'the plaintiff'). The trial Court, while refusing to pass a decree for specific performance has directed for refund of amount to the tune of Rs.14,25,000/- along with interest at the rate of 6% per annum from the date of filing of suit i.e. 27-2-2003 till the date of actual payment paid by the plaintiff to the defendants No.1 and 2 namely; Jhaduram and Kheda Bai, respectively (henceforth 'the defendants No.1 and 2') at the time of agreement.

(3.) While the plaintiff has preferred FA No.202 of 2016 praying for a decree for specific performance, the defendants No.1 and 2 have preferred FA No.260 of 2016 against the trial Court's judgment and decree for refund of Rs.14,25,000/- along with interest at the rate of 6% per annum from the date of filing of suit i.e. 27-2-2003 till the date of actual payment.