- (1.) Application for exemption from filing certified copy of the impugned decree and judgment dated 10.08.2010 is allowed in view of the averments made in the application which is duly supported by an affidavit. CM No.15018-C of 2011 (in RSA No.5151 of 2011)
(2.) Application for condonation of 38 days of delay in filing the appeal is allowed in view of the averments made in the application which is duly supported by an affidavit. RSA No.5151 of 2011
(3.) This order shall dispose of two regular second appeals, i.e., RSA No.5151 of 2011 & RSA No.3864 of 2011 since both arise from the same judgment and decree of the lower appellate Court dated 20.05.2011. The lower appellate Court, while allowing the appeal of the defendants, has come to the conclusion that the defendants are liable to refund a sum of Rs.2 lacs along with 6% simple interest per annum from the date of the decree till its realisation instead of Rs.4 lacs which was double the amount as per the judgment and decree of the trial Court dated 10.08.2010. RSA No.5151 of 2011 has been filed by the defendants who are aggrieved against the judgment partly allowing the appeal by the lower appellate Court whereas RSA No.3864 of 2011 has been filed by the plaintiff wherein he is aggrieved against the reduction in the amount of refund to Rs.2 lacs from Rs.4 lacs as originally granted. The facts of the case have been taken from RSA No.5151 of 2011. The question of law that arises for consideration of this Court is: Whether the lower appellate Court failed to take into consideration the liability of the defendants to pay interest from the date of agreement once it was directing refund of the earnest money in view of the provisions of Section 65 of the Contract Act, 1872?;