- (1.) The present appeal has been filed by the defendantappellant being aggrieved by the judgment and money decree of Rs.39,500/- dated 29.08.1988.
(2.) The suit was filed by the plaintiff-respondent- M/s Continental Enterprises for recovery of part of earnest money of Rs.23,517/- and Rs.14,337/- against the final bill raised by it since the appellant/defendant did not pay the said money, therefore, the suit was filed for recovery of the said amount. The learned trial court has decreed the suit by the impugned decree dated 29.08.1988 on the basis of evidence led before it.
(3.) Having heard learned counsel for the appellant, Mr. S.G. Ojha and upon perusal of the impugned judgment and decree, this Court is satisfied that the learned trial court has proceeded rightly on the basis of the evidence and held that delay in completing the contract was for bonafide and genuine reasons. Therefore, the earnest money could not be forfeited and amount against the final bill was also required to be paid and thus the trial court has passed money decree of Rs.39,500/- with interest @ 12% p.a. The reasonings and findings given by the learned trial court cannot be said to be perverse or wrong, requiring any interference by this Court and the decree under appeal deserves to be sustained.;