SADDIK Vs. LEELADHAR

JUDGEMENT

(1.) Defendant is in second appeal before this Court having suffered adverse concurrent findings by both the Courts below.

(2.) Learned counsel for the appellant argues that in the absence of specific prayer with regard to recovery of amount paid pursuant to the agreement to sell, the learned Trial Court committed material irregularity in passing the money decree in a suit for specific performance.

(3.) Learned counsel relies on Sec. 22(2) of the Specific Relief Act, 1963 to argue that the relief of money decree is specifically barred unless prayed for. Said Sec. is reproduced herein below: