SHIVJOT DEVELOPERS AND BUILDERS LTD. Vs. SARUP SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal before this Court laying challenge to the judgment and decree dtd. 17/8/2015 passed by the learned Trial Court whereby decree for specific performance was declined, but refund of earnest money was ordered; and judgment and decree dtd. 5/3/2019 passed by the ld. 1st Appellate Court, whereby refund of earnest money was set aside; and thus praying for decretal of the suit in toto.

(2.) By way of this common judgment the 02 aforementioned appeals are being disposed of, as both appeals have arisen out of common impugned judgments of both the Courts below dtd. 17/8/2015 (trial Court) and 5/3/2019 (1st Appellate Court) and similar facts are involved therein. For brevity, the facts are being extracted from RSA-4949-2019.

(3.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant is being referred to as the plaintiff whereas the respondent as defendant.