(1.) This appeal and cross objection arise out of Judgment and Decree rendered by learned Civil Judge (S. D. ) , Amalner, in Special Civil Suit No. 43 of 1989. The suit was for specific performance of agreement of sale or, alternatively, for refund of earnest amount alongwith damages. The trial Court rejected the main relief for specific performance but granted refund of Rs. 16,000/- i. e. the earnest amount alongwith interest @ 12% per annum from the date of agreement till realisation of the entire amount.
(2.) Subject matter of the dispute is southern portion comprising of 2 hectares and 2 - Ares area out of land bearing Gut No. 1613, admeasuring 4 hectares 66 Ares.
(3.) The suit land is within Municipal limits of the township of Chopda, a taluka place, and is undisputedly useful for non-agricultural purpose. It could be used for plotting so as to convert its use for residential purpose.