MATHURABAI Vs. AMRESH

JUDGEMENT

(1.) This Appeal is directed against the concurrent Judgments and Decrees dated 1552013 and 17122014 passed by the Trial Court and the First Appellate Court, decreeing Special Civil Suit No. 312004A for specific performance of an Agreement for sale dated 10122003, instituted by Respondent No.1 (Plaintiff).

(2.) This Second Appeal was admitted by an order dtd. 25/3/2015 on the following substantial questions of law (i) Whether the courts below failed to appreciate that Clause

(3.) Later, an order dtd. 9/4/2021 formulated the following additional substantial question of law. Whether, (assuming the Respondent was entitled to a decree directing the Appellants to execute a sale deed in his favour, as claimed by him), in view of the fact that in Clause (1) of the Agreement of Sale dated 10122003, provided for interest of 12% p.a. to be paid on any delayed payment of the consideration thereunder, the Trial Court erred in directing interest to be paid at 6% p.a., i.e. half the agreed contractual rate, and the Appellate Court erred in upholding the same