(1.) Heard.
(2.) This appeal is against the judgment and decree passed by the Court of 2nd Additional District Judge, Raigarh on 19/3/2019 in Civil Suit B No.53/2016 whereby a decree of ?11,21,000/- has been passed in favour of the plaintiff.
(3.) The parties to the appeal i.e., the appellant and the respondent No.1 entered into an agreement on 15/1/2009 for purchase of certain land ad-measuring 39870 square feet situated at village Jagatpur, Patwari Halka No.14, Tahsil and District Raigarh for an amount of ? 4,21,00,000/-. Out of such sale consideration, an amount of ?11,21,000/- was paid as earnest money by the respondent No.1. When the sale could not materialize, the respondent No.1/plaintiff served a notice on 20/6/2009 and subsequent notice on 10/8/2009 which was replied by the defendant / appellants herein, but, eventually the agreement could not materialize and sometime in the year 2011, Ramdas Agrawal (respondent herein) filed a suit for declaration and injunction against Gagan Rathi and Pawan Agrawal (appellants).