BENGAL COAL COMPANY LTD Vs. PROSANNA KUMAR BHATTACHARJEE

JUDGEMENT

(1.) This suit was brought by the plaintiffs apparently under Section 19, Specific Belief Act, for specific performance of a contract and in the alternative for recovery of the earnest money paid to the defendants out of the price fixed for some land. Both the Courts below have held that there was no contract as pleaded by the plaintiffs and they dismissed the claim for specific performance.

(2.) The only question which is now argued before us, is whether the plaintiffs are entitled in the circumstances of this case to have a refund of the money paid to the defendants, as they say by way of earnest money. It is stated that the defendants contracted to sell to the plaintiff company the underground rights in 9 bighas and 17 cottas of land at Rs. 150 per bigha and received Rs. 800 as earnest. The trial Court found that there was no good and reliable evidence about the payment of Rs. 800 as part of the price settled for the disputed land. The learned District Judge on appeal says: In my opinion it is for the plaintiffs to prove that they are entitled to get it back and in the present case the evidence adduced by the plaintiffs is so confusing, contradictory, inconsistent and untrustworthy that in my judgment it is impossible to give them any relief.

(3.) In the face of this finding it would seem that the decree of the lower appellate Court dismissing the suit in toto, cannot be assailed.