UMA DEVI Vs. BIJDENDER SINGH

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment dated 19.02.2013 passed in RCA No.31/2011 upholding the judgment and decree passed by the Civil Judge on 27.07.2011 decreeing the suit partially so far as the refund of the consideration amount of Rs.50,000/ - is concerned.

(2.) THE learned counsel for the appellant has contended that despite the fact that the two courts below have come to the conclusion that the respondent had executed an agreement to sell in favour of the appellant, still, instead of decreeing the suit for specific performance, the courts below have chosen to grant alternative relief to the appellant which was for refund of the consideration amount of Rs.50,000/ -.

(3.) I have considered the submissions made by the learned counsel for the appellant and gone through the record.