PURUSHOTTAM Vs. SHEELABAI

JUDGEMENT

(1.) Heard learned counsel for the rival parties.

(2.) By this second appeal, the appellantplaintiff has sought to challenge Judgment and Order dt.4.9.1999 passed by learned District Judge, Yavatmal in Regular Civil Appeal No.112 of 1995 whereby the decree for specific performance of the suit agreement passed in favour of the appellantplaintiff by Judgment and Order dt.30.6.1995 by learned Civil Judge (Sr.Dn.), Ner, District Yavatmal in Regular Civil Suit No.57 of 1993 was modified by refusing specific performance of the agreement to sell and granting merely refund of the earnest money with interest.

(3.) The facts of the case stated, are thus :