SURJIT SINGH Vs. SHASHI BALA

JUDGEMENT

(1.) The defendants No.1 and 2 are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the plaintiff/ respondent no.1 herein, was partly allowed; and direction was issued to appellants/defendants No. 1 and 2, to refund the earnest money of Rs.35.00 lacs along with interest thereupon at the rate of 9% per annum from the date of filing of the suit till actual realisation of the amount. In the present appeal, the appellants are aggrieved of the impugned judgments and decrees only to the limited extent of imposition of interest @ 9% per annum upon the refund amount of Rs.35.00 lacs.

(2.) The brief facts of the case are that the plaintiff had filed a suit seeking specific performance of Agreement to Sell dtd. 24/7/2008 executed between the parties for total sale, consideration of about Rs.1.00 crore 39 lakhs; with alternative prayer for refund of earnest money of Rs.35.00 lacs, plus Rs.35.00 lacs as damages. The suit was resisted by the defendants on various grounds. Replication was filed. On the basis of the pleadings of the parties, the learned trial Court framed the following issues: -

(3.) Upon appraisal of the pleadings and the evidence led by the parties, the ld. trial Court had decided issues No. 1 and 2 against the plaintiff and in favour of the defendants; issue No. 3 was partly decided in favour of the plaintiff and against the defendants; issues No. 4 and 5 were decided against the defendants and in favour of the plaintiff; issue No. 6 against the defendants and in favour of the plaintiff; issue No. 7 against the defendants and in favour of the plaintiff; issue No. 8 against the defendants and in favour of the plaintiff. Accordingly, vide judgment and decree dtd. 28/2/2019 the trial Court had declined relief of specific performance under Sec. 16 of the Specific Relief Act; however had allowed alternative relief of recovery of earnest money under Sec. 22 of the Act; and suit of the plaintiff was 'partly/alternatively decreed with costs to the effect that plaintiff is entitled to recovery of Rs.35,00,000.00from the defendants No. 1 and 2 along with interest thereon at the rate of 9% per annum from the date of filing of the suit till actual realisation of the amount.'