IGNATIOUS DIAS Vs. MARIO FRANCIS BARRETTO

JUDGEMENT

(1.) HEARD Mr. A. Kamat, learned counsel appearing for the appellant and Mr. D. Pangam, learned counsel appearing for the respondents.

(2.) THE above appeal came to be admitted by an order dated 29.03.2007 on the following substantial questions of law :

(3.) ON the other hand, Mr. D. Pangam, learned counsel appearing for the respondents has disputed the said contention. The learned counsel has pointed out that the claim for specific performance was specifically given up by the appellant before the Appellate Court. The learned counsel has taken me through the points for determination framed by the learned Lower Appellate Court and pointed out that the only the point for consideration was whether the appellant was entitled for refund of Rs.50,000/ -. The learned counsel further pointed out that in any event, whether the appellant was entitled for specific performance or not is a matter of appreciating the evidence on record which is not permissible by this Court under Section 100 of Civil Procedure Code.