Deepak Maheshwari, J. - (1.) This appeal has been preferred by defendant-appellant to assail the judgment and decree dated 23rd December, 1995 passed by learned Additional District & Sessions Judge No.4, Jaipur City, Jaipur in Civil Original Suit No. 160/1985 whereby, learned trial Court dismissed the suit for specific performance but decreed the sum of Rs. 1,46,374.58 in favour of the plaintiff along with 18% per annum interest thereupon till realization of the money.
(2.) Briefly stating the facts of the case giving rise to this appeal are that the plaintiff being a registered company under Companies Act entered into agreement with the defendant Society registered under Societies Act to purchase 50 residential plots and paid a sum of Rs. 6,56,855/- as advance. The plots were to be allotted in Nemisagar Colony. Defendant Society allotted the plots worth Rs. 3,41,986.86 only. It neither returned the money nor allotted plot for the remaining amount. Notice under Section 143 of the Rajasthan Cooperative Societies Act was given on 30th December, 1983 but of no avail. Hence, the suit was filed.
(3.) By filing written statement, defendant No. 1 Society denied the facts mentioned in the plaint and also the fact of the oral agreement with the Company to allot 50 plots. It was, however, stated that one T.C. Kothari paid the amount for 13 plots which were accordingly allotted to the concerned persons. It was also stated that defendant entered into a compromise with the plaintiff but plaintiff did not turn up to get the money back. Reply to the notice was also sent to the plaintiff.;