RAGHU NATH SAHAY Vs. CHANDRA PROTAP SINGH

JUDGEMENT

(1.) This appeal arises out of a suit brought to enforce specific performance of a contract.

(2.) The defendants, who are the appellants before us, entered into an agreement on the 22nd April 1908, to sell certain landed property to the plaintiff, the father of the substituted minor respondents in this appeal, for the sum of Rs. 25,000. A sum of Rs. 6,000 towards the purchase-money was paid down by the plaintiff at the time of the agreement on the understanding that the necessary conveyance would be executed and duly registered within two months, and that the balance of Rs. 19,000 would be forthcoming on completion. It was, as evidenced by the written agreement Exhibit I, farther stipulated that, if the transaction were not completed in consequence of any default on the part of the defendants, the plaintiff would be free to enforce specific performance at law and would be entitled to be credited with interest on his deposit from the date on which it was made; whereas, if the transaction were to fall through owing to the plaintiff s default, then the plaintiff would be entitled to the refund of the bare deposit without interest, and the defendants would be at liberty to dispose of the property in any other way they might choose. The transaction did fall through, and the plaintiff brought his suit for specific performance alone.

(3.) The Court below refused him a decree for specific performance, but, nevertheless, gave him a decree for the refund of the deposit with interest, although he had net asked for any such alternative relief. The defendants have now appealed to this Court.