JAQLINE PROCESSORS Vs. MOHANLAL JETABHAI VAJANA AND ORS

JUDGEMENT

(1.) HEARD learned advocate Mr.Mrugen Purohit for the appellant and learned advocate Mr.Mehul S. Shah for the respondents.

(2.) THE appellant is the original plaintiff who filed Special Civil Suit No.93 of 1994 against the respondent -defendant for decree of specific performance with alternative relief for damages on the basis of Agreement to Sale (Exh.26) under which, according to plaintiff, the suit plots were agreed to be sold to him for a total consideration of Rs.03,00,000/ -. The Trial Court did not pass decree for specific performance, however passed decree on 19th April, 1997 for recovery of Rs.75,000/ - paid by the plaintiff towards earnest money and for Rs.50,000/ - paid towards the amount of consideration and for recovery of Rs.01,75,000/ -, in toto directing the defendant to pay Rs.03,00,000/ -. It was further ordered that the defendant shall pay interest at 15% on Rs.01,25,000/ - from the date of receipt till realization. It was provided failure on part of defendant to pay Rs.03,00,000/ - to the plaintiff, the plaintiff will be entitled to recover the same from the suit plots.

(3.) THE appellant -plaintiff is aggrieved by the above judgment and decree of the first appellate court modifying the Trial Court's judgment and decree. Therefore, present appeal under Section 100 of the Code of Civil Procedure, 1908 is preferred challenging the same.