BHAURAOSANTOSHRAO GAME Vs. NATTHUNANBA MIRASHE

JUDGEMENT

(1.) HEARD Shri Muley, learned Counsel for the appellant. None for the respondent though served.

(2.) THIS Second Appeal has been filed by the original plaintiff, being aggrieved by the judgment and decree dated 10. 04. 1987 passed by the Additional District Judge, Nagpur in Regular Civil Appeal No. 334 of 1981, allowing the appeal of the defendant, and setting aside the judgment and decree passed by the Trial court in Regular Civil Suit No. 59 of 1976, directing the defendant to refund the earnest money of Rs. 2000/- with interest at the rate of 6% p. a. from the date of the suit.

(3.) THE substantial question of law sought to be raised in this appeal is formulated by this Court while admitting this appeal on 01. 02. 1988, as under :