BANTA SINGH Vs. THANA SINGH

JUDGEMENT

(1.) APPELLANT , who along with proforma respondents No.1 and 2 was defendant before the trial Court, has filed the instant appeal against the judgment and decree of the lower appellate Court vide which decree of the trial Court has been modified by ordering relief of refund of the earnest money along with interest @ 12% per annum from the date of execution of the agreement to sell in question till passing of the decree and @ 6% per annum from the date of decree till realization of the decretal amount, instead of the relief of specific performance of the agreement to sell in question.

(2.) WHILE modifying the decree of the trial Court, the lower appellate Court, taking into consideration various factors including that there was a money transaction between the parties, held that the intention of the parties was not to sell/purchase the land in dispute by way of the agreement to sell in question. However, keeping in view the fact that execution of the agreement to sell in question was duly proved, the lower appellate Court held that plaintiff -respondent No.1 was entitled to a decree for recovery of Rs. 3,70,000 as refund of the earnest money along with interest @ 12% per annum from the date of execution of the agreement to sell in question till the date of passing of the decree and @ 6% per annum from the date of decree till actual realization of the decretal amount.

(3.) IT is a matter of record that RSA No.290 of 2010 filed by the plaintiff -respondent against the aforesaid judgment and decree of the lower appellate Court has been dismissed by this Court vide judgment dated 30.03.2010. While upholding the judgment and decree of the lower appellate Court on the appeal filed on behalf of the plaintiff -respondent, who was aggrieved from the modification of the judgment and decree of the trial Court whereby his suit for specific performance of the agreement to sell in question was decreed, this Court observed as under: