SAMRATHMAL JAIN Vs. NAINSHUKDAS BALDEODAS A PARTNERSHIP FIRM

JUDGEMENT

(1.) THE above appeal is filed as against the judgment and decree dated 2. 2. 1989 in C. S. No74 of 1983.

(2.) THE first appellant is the plaintiff in the suit and the appellants 2 to 4 are the legal representatives of the first appellant. THE respondents herein are the defendants in the suit.

(3.) LEARNED counsel appearing for the appellants contended that the learned single Judge has taken inconsistent stand inasmuch as a findings rendered in paragraph-13 of the judgment to the effect that though there was no concluded contract, but there existed a contract of sale in respect of the suit property for a specified price agreed between the parties. LEARNED counsel further contended that inasmuch as a finding is rendered by the learned single Judge that the plaintiff was ready and willing to perform his part of contract, and there was breach only on the part of the defendants and passed a decree to refund the amount of Rs. 21,000/- with interest apart from payment of a nominal damages of Rs. 9,600/-, the discretion ought to have been exercised in favour of the plaintiff by decreeing the suit as prayed for.