PUNDALIK S/O SADASHIV GUJARKARGUJARKAR Vs. KIRAN

JUDGEMENT

(1.) Heard Shri K.R. Lule, the learned Counsel for the appellants and Shri Anand S. Joshi, the learned Counsel for respondent 1.

(2.) The appellants are arrayed as defendants 1 to 5 in Special Civil Suit 78/2006 for specific performance of contract which is instituted by respondent 1 herein against the appellants and respondent 2 herein. By judgment and decree dated 30.08.2010 the Joint Civil Judge, Senior Division, Wardha decreed the suit partly. The claim for specific performance was rejected and the appellants 1 and 2 herein were directed to refund the earnest amount of Rs.3,00,000/- with interest at the rate of 18% per annum. This judgment and decree is reversed by the District Judge, Wardha, who allowed Regular Civil Appeal 222/2015 and allowed the claim for specific performance of the suit agreement. Being aggrieved by the judgment and decree in First Appeal the original defendants 1 to 5 have preferred this appeal under section 100 of the Code of the Civil Procedure.

(3.) This appeal is finally heard on the following substantial questions of law: