MOHD YAQUB Vs. SHABBIR

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri R. K. Saxena assisted by Shri M. A. Siddiqui for appellant and Shri M. A. Quadeer for respondents.

(2.) THE plaintiff-appellant filed OS No. 165 of 1976 for specific performance of agreement dated 6-4-1967 and in alternative for re-fund of the earnest money. THE suit was decreed by the trial Court on 8-5-1974. THE Civil Appeal No. 277 of 1974 was allowed on 16-7-1980 and suit was decreed for return of earnest money of Rs. 950/- out of total sale consideration of Rs. 1400/- with 6% interest.

(3.) THE appellate Court considered the grounds taken in appeal of compliance of Section 16 (c) of the Specific Relief Act. Relying upon the judgments in Mahmood Khan and Anr. v. Ayub Khan and Ors. , AIR 1978 Alld. 463 and Kandev Nath Chaudhari v. Devendra Kumar Nath, AIR 1979 Guwahati 65, the appellant Court held that since the necessary averments as required under Section 16 (c), were not made in the plaint, the plaintiff is not entitled to the relief of specific performance of contract.