ORDER

1. This appeal, by special leave, arises from the judgment of the learned Single Judge of the High Court of Punjab & Haryana in RSA No. 931 of 1986 dated 11-8-1986. The appellant had entered into an agreement with the respondent on 13-1-1978 to purchase 1/3rd share of the land belonging to the respondent for a total consideration of Rs. 78,000 and paid a sum of Rs. 20,000 as earnest money. The sale deed was to be executed on or before 30-4-1978. Later the appellant came to know that notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 3-8-1977 which fact was concealed to the appellant, so he had filed the suit for refund of the earnest money. The trial court in Suit No. 620 of 1982 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. Feeling aggrieved, the respondent filed Civil Appeal No. 110 of 1983. The District Judge by his judgment and decree dated 28-9-1985 reversed the decree and dismissed the suit. In second appeal, the High Court dismissed the same in limine. Thus this appeal, by special leave.

2. The only question for consideration is whether the