- (1.) Heard learned counsel for the appellant.
(2.) The submissions made by the learned counsel is that in the agreement there is stipulation about refund of Rs. 32,000/- in the event of the defendant defaulting to perform the agreement and therefore, on the face of stipulation the decree for specific performance could not be passed.
(3.) It was also contended that in para 2 of the plaint, the plaintiff had misquoted the agreement by alleging that there was a stipulation to the effect that in the event of default the plaintiff would be entitled to have the agreement enforced by the Court while there is no such stipulation of the agreement.;