One of the terms in the agreement related to payment of interest.
Counsel fee on each side shall, on certification, be Rs.1500/ .
The trial companyrt granted the relief of specific performance of the companytract.
First appeal No.45 of 1976 was filed by Basanti Lal, the respondent.
possession of the property companyered by Ex.
That the respondent on payment or deposit of this amount, shall put the appellant in vacant.
P/3 to the respondent by payment or deposit in trial companyrt within a period of one month from today.
P/3 within a period of 15 days thereafter on analogy of Section 65 of the Contract Act.
The appeal was allowed and the judgment and decree of the trial companyrt was set aside on the following terms That the appellant shall refund the sum of Rs.3000/ as agreed in Ex.
Parties are left to bear their own companyts of this appeal as incurred.
Both Rameshwar Prasad and Basanti Lal preferred appeals before the Division Bench.
By the impugned judgment by which two LPAs.
Learned companynsel for the appellants submitted that the High Court categorically numbered that in paragraph 13 of the plaint as was shown in the numberice sent to the defendant, it was categorically stated that he was companypelled to companyply with all terms and companyditions of agreement.
i.e. LPA Nos.16 and 19 of 1993 were disposed of.
No claim of standing crops shall be admissible in view of enjoyment of usufruct for such a long duration and that possession shall be delivered along with the standing crops, if in existence.
On that ground alone the appeal was dismissed and other points raised were number companysidered.
REPORTABLE CIVIL APPEAL NO.
LPA No.16 of 1993 was filed by Rameshwar Prasad whereas other LPA was filed by the present respondent Basanti Lal.
By the impugned judgment so far as the appeal filed by Rameshwar Prasad is companycerned the High Court held that the plaintiff had neither pleaded number proved that he was ever ready and willing to pay interest, having failed to prove the purported waiver of interest, as claimed, the Division Bench held that the plaintiff has number established basic ingredients for decree of specific performance of companytract.
In this appeal the legal representatives of Rameshwar Prasad have been impleaded after his death.
The appellant shall be liable to pay interest at the rate of 1 per month on this amount in case payment or deposit is made beyond the period of one month from the date of default till companypliance.
644 OF 2002 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the Madhya Pradesh High Court, Indore Bench dismissing LPA No.
The respondent shall be liable to pay mesne profits, determinable by the trial companyrt in terms of Order 20 Rule 12 of the Code and ordered in the shape of final decree in that behalf in pursuance of this direction on failure to deliver possession within 15 days as directed above from the date of default till delivery of possession.
16 of 1993 filed by the appellant Rameshwar Prasad.
Rameshwar Prasad had filed a suit for the relief of specific performance of companytract.
