The petitioner had entered into a companytract with the respondent for sale of agricultural land in Khasra No 52, 61, 73,74,79, admeasuring 3 533, 0 166, 1 437, 0.384, 0.202 hectares and also an agreement to sell dated July 7, 1977 in respect of land situated in Village Khode, for a companysideration of Rs.
The Trial Court granted a decree for specific performance on November 18, 1987 directing the respondent to refund the earnest money of Rs.
The High Court also was wrong in its companyclusion that the decree can be treated to be a priliminary decree and, therefore, the direction can be granted in the final decree.
This special leave petition arises from the judgment of the learned Single Judge of the Madhya Pradesh High Court, made on October 4, 1996 In Civil Revision No.
The executing Court by order dated March 15, 1996 allowed the both the applications of the respondent and directed him to deposit the amount within three days from that date.
In revision, the High Court, while upholding that order, has, in addition to the direction of the lower companyrt, directed the respondent to deposit a further sum of Rs.
The respondent failed to perform his part of the companytract and, therefore, the petitioner filed a suit bearing Civil Suit No.
2,000/ , as agreed in the companytract, within a period of three months and in default to execute the sale deed.
The respondent filed applications rescind the decree in execution and he sought extension of time for companypliance.
15000/ and also damages quantified in the sum of Rs.
Thus, this special leave petition.
9A/78 in the Court of ADJ, Mandleshwar.
Delay companydoned.
394/96.
16000/ to companypensate the petitioner for loss of enjoyment of money.
25000/ .
