(1.) This appeal is preferred against the judgment and decree passed in Regular Civil Appeal No. 29 of 2010 by the Principal District Judge, Gondia, on 16.8.2012, partly modifying the judgment and decree rendered on 30.1.2010 in Special Civil Suit No. 22 of 2007 by Civil Judge, Sr.Dn., Gondia.
(2.) Appellant is the original defendant and respondent is the original plaintiff. Respondent had filed a suit for specific performance of the contract, or in the alternative, for refund of Rs. one lac, the earnest money, together with interest at 18% per annum. The suit was partly decreed, while specific performance of contract was refused. The trial Court granted a decree for refund of earnest money of Rs. one lac along with interest at the rate of 18% per annum from the date of agreement, i.e. 12.3.2004, till realisation of the amount. In the First Appeal filed against this judgment and decree challenging the direction regarding refund of amount of Rs. one lac together with interest at the rate of 18% per annum from the date of suit transaction, the first appellate Court after hearing the parties, found that the respondent was entitled to recover the amount of Rs. one lac and accordingly partly allowed the Appeal and directed that the appellant shall pay the said amount together with interest at the rate of 12% per annum from 12.3.2004 till realisation of the decretal amount. Dissatisfied with the same, the appellant is now before this Court in the second appeal.
(3.) The appeal came to be admitted by this Court on 11.12.2012 on the following substantial question of law :