RAMESH SHARMA Vs. ANSAL COLOURS ENGINEERING SEZ LTD.

JUDGEMENT

(1.) C.M. No.10985-C of 2017 The application for making good the deficiency of court fee is allowed subject to all just exceptions. C.M. No.10986-C of 2017 For the reasons stated in the application, delay of 218 days in re-filing of the appeal is condoned.

(2.) Main case The appellant-defendant is in regular second appeal against the concurrent finding of fact whereby suit of the respondent- plaintiff for seeking specific performance of agreement to sell dtd. 28/2/2007 agreed to be sold for a total amount of Rs.59,51,000.00, out of which Rs.15,75,000.00 was paid as earnest money by splitting up Rs.75,000.00 as cash and Rs.15.00 lakhs through cheque has been decreed by granting alternative relief. It was alleged that the defendant did not come forward on the stipulated date of 15/4/2007 and thereafter, legal notice was sent on 14/3/2009 and suit was filed on 27/2/2009.

(3.) The trial Court declined the discretionary relief but granted alternative relief, which was confirmed by the lower Appellate Court in appeal.