BHUDEV Vs. DEV DUTT SHARMA AND OTHERS

JUDGEMENT

(1.) (Oral) - CM No. 13138-C of 2015 This is an application under Sec. 5 of Limitation Act seeking condonation of delay in filing the appeal. For the reasons stated in the application, which is duly supported by an affidavit, delay of 117 days in filing the appeal is condoned. The application stands disposed of. RSA No. 5487 of 2015(O&M)The appellant-defendant is in Regular Second Appeal against the concurrent finding of fact assailing the judgment and decree of the lower appellate court, whereby trial court while awarding interest at the rate of 18% per annum on the decretal amount also granted damages to the extent of Rs. 50,000.00, has been partly allowed.

(2.) Learned counsel for the appellant-defendant submits that the respondents-plaintiffs had filed a suit for specific performance of the agreement to sell dated 31.8.2001 in respect of suit land for a total consideration of Rs. 5,50,000.00 and the appellant-defendant received the entire sale consideration and in that regard endorsement dated 31.8.2001 was made on the stamp paper. The trial court found that the respondents-plaintiffs were not ready and willing to perform their part of the agreement and instead of granting the discretionary relief under Sec. 20 of the Specific Relief Act, 1963 held them entitled to refund of earnest money and interest at the rate of 18% determined damages to the tune of Rs. 50,000.00. The appellant-defendant assailed the aforementioned finding and the lower appellate court has partly allowed the appeal by setting aside the relief of damages.

(3.) He further submits that awarding of interest at the rate of 18% per annum from 31.8.2001 till the date of realisation is too phenomenal and in support of his contentions he has relied upon the judgment of this Court in Mohan Singh Vs. Jarnail Singh, 2004 (3) RCR (Civil) 752 and Sarita Dokania and another Vs. Krishna Dey and another, 2014 (13) SCC 522 .