SALIM BEG Vs. KRISHNA BALLABH, GULAB CHAND

JUDGEMENT

(1.) THIS second appeal arises out of the Plaintiffs -Respondents suit for specific performance of a contract of sale of Re. 0/5/4 share in certain Zamindari lands and its possession.

(2.) MR . Bhagwandas Gupta counsel for the Appellant argued that the Plaintiffs were not entitled to any compensation as there was no agreement between the parties that in case of breach the contract the Defendant would pay to the Plaintiffs any amount and further in their plaint the Plaintiffs had not asked for damages in the alternative in the event of the Court deciding that specific performance of the contract ought not to be granted. Mr. Karkare learned Counsel appearing on behalf of the Respondents contended that the learned District Judge had not given any reason for refusing to the Plaintiffs the relief of specific performance and that in any event the Plaintiffs were entitled to get from the Defendant the entire amount which the Defendant had acknowledged as due from him and which formed the consideration for the contract.

(3.) I would, therefore, dismiss the Defendants appeal and accepting the Plaintiffs' cross -objections pass a decree in their favour and against the Appellant for Rs. 1199/ -. Having regarded the course the litigation has taken in all Courts, I would leave the parties to bear their costs in all the Courts.