LACHHMI BAI Vs. OM PARKASH

JUDGEMENT

(1.) The defendant is in second appeal against the judgment and decree of both the Courts below whereby, suit filed by the plaintiff for specific performance was decreed as under:

(2.) The defendant being aggrieved against the aforesaid decree, preferred first appeal, which was dismissed by the learned First Appellate court by observing that :

(3.) Still aggrieved, defendant has come in second appeal as the defendant does not want to return the earnest money, which has to be ordered to be returned with interest. In this regard, following questions have been framed: