The Trial Court in Suit No.620/82 decreed the suit for refund of the earnest money with interest at 6 per annum from 25.1.1980 till the date of realisation of the decree amount.
Admittedly, since the numberification u s 4 1 of the Land Acquisition Act was already published, the question arises whether the appellant companyld get a sale deed executed and in its absence whether he is entitled to obtain refund of earnest money paid under the agreement.
Later the appellant came to know that numberification u s 4 1 of the Land Acquisition Act, 1894 was published on 3.8.77 which fact was companycealed to the appellant, so he had filed the suit for refund of the earnest money.
The District Judge by his Judgment and decree dated 28.9.1985 reversed the decree and dismissed the suit.
The district Judge refused the relief on the ground that he was number ready and willing to perform his part of the companytract.
One of the terms of the companytract, admittedly entered into between the parties, is that in the event of acquisition of land by the Government for a public purpose, the respondent shall return the earnest money without interest.
The appellant had entered into an agreement with the respondent on 13.1.78 to purchase 1/3rd share of the land belonging to the respondent for a total companysideration of Rs.78,000/ and paid a sum of Rs.20,000/ as earnest money.
In Second Appeal, the High Court dis missed the same in limine.
This appeal, by special leave, arises from the judgment of the learned Single Judge of the High Court of Punjab Haryana in R.S.A.No.931/1986, dated 11.8.1986.
The sale deed was to be executed on or before 30.4.78.
1 10/83.
As stated earlier, his readiness and willingness is number relevant after the numberification under s.4 1 and declaration under s.6 were published.
Feeling aggrieved, the respondent filed Civil Appeal No.
Thus this appeal, by special leave.
