RAMPYARE Vs. RAMNATH

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law for determination in the second appeal preferred by the plaintiff.

(2.) Mr. Malay Shrivastava, learned counsel for the appellant / plaintiff, would submit that the trial Court is absolutely unjustified in dismissing the suit of the plaintiff for specific performance of contract and the first appellate Court is also unjustified in holding that the plaintiff is not entitled for specific performance of contract and entitled for only refund of Rs. 500/- from the defendants by recording a finding which is perverse to the record and as such, the appeal deserves to be admitted by formulating substantial question of law.

(3.) I have considered the submission of learned counsel for the appellant / plaintiff and went through the record with utmost circumspection.