JINESH KUMAR JAIN Vs. IRIS PAINTAL

JUDGEMENT

(1.) ALLOWED, subject to just exceptions. Record of the suit has been perused. Vide Ex.P-1 dated September 26, 1988, the respondents had agreed to sell agricultural land to the appellant in respect whereof an award had already been published on June 06, 1987 under the Land Acquisition Act 1894. Out of a total sale consideration of Rs.48,50,000/- the appellant had paid only Rs.4,50,000/-.

(2.) DECLINING specific performance and passing a decree in sum of Rs.4,50,000/- together with interest @18% per annum from the date when the suit was filed till realization, CS(OS) No.1154/1989 filed by the appellant has been disposed of vide impugned judgment and decree dated July 10, 2012.

(3.) WE note that on February 25, 1989, vide Ex.PW-1/4, the appellant had served a legal notice upon the respondents, in paras 5 and 6 whereof it was alleged against the respondents that they had suppressed from the appellant the fact that an award had been published with respect to the subject lands. Thereafter, in para 7 of the notice, it was asserted as under:-