JUDGMENT

Sarang V. Kotwal, J -This is an Appeal preferred by the Appellant (the original Plaintiff) challenging the Judgment and Order dated 03/09/2004 passed by the Joint Civil Judge, Senior Division, Thane, in Special Civil Suit No.163 of 1993, whereby the Appellant''s Suit for specific performance and damages was dismissed but he was granted refund of Rs.3 Lakhs from the Respondents (the original Defendant Nos.1 to 3) with interest at the rate of 6% per annum from the date of filing of the Suit till realization of the amount.

2. The Appellant had filed the abovementioned Suit for specific performance of the agreement dated 12/03/1990 entered into between the Appellant and the Respondents for development of an agricultural land bearing Survey Nos.52/3/1Pt., 52/3/1Pt., 49/3 Pt. and 49/3Pt. totally admeasuring 1H 05R situate at Taluka Bhiwandi, District Thane. It is the case of the Appellant in the plaint, that, the agreement was entered into on 12/03/1990 pursuant to which the Appellant had paid Rs.3 Lakhs. On 12/03/1990 itself, a Power of Attorney was executed by the Respondents in favour of the Appellant. However, after executing this document, the Respondents did not provide the