MANJULATA PANDEY Vs. RN NAGAR

JUDGEMENT

(1.) HEARD finally.

(2.) THIS revision is directed against the judgment and decree dated 13.7.2006, passed in Civil Appeal No.1-B/2005 by the First Addl. District Judge Waraseoni, District Balaghat, by which the suit filed by the petitioner has been dismissed, by allowing the appeal filed by the respondent against the judgment and decree dated 4.7.2005, passed in Civil Suit No. 18-B/2004 by the II Civil Judge, Class-I, Waraseoni.

(3.) THE trial Court framed the issues, recorded the evidence of parties and came to the conclusion that the petitioner was entitled to refund of Rs.10,101/- and granted a decree to that effect. THE respondent preferred an appeal before the lower appellate Court and the lower appellate Court after appreciation of evidence, came to the conclusion that since the suit for specific performance of the contract was not filed, the petitioner could not have claimed the amount of earnest money which he has deposited with the respondent. In view of this, though part of the findings of the trial Court were approved by the lower appellate Court, but the operative part of judgment and decree granted in favour of the petitioner was set aside. Against this judgment and decree, this revision has been filed.