M. J. Rao, C. J. (Oral)

( 1 ) THE application for exemption is allowed subject to just exceptions. RFA (OS) 14/95 and C. Ms 1226 and 1227 /95

( 2 ) THIS is an appeal by the defendants (vendors) against the Judgment of the learned Single Judge decreeing the suit for refund of Rs. 3 lakhs paid by the (purchasers) respondents/plaintiffs to the appellants under a contract of sale. Learned single Judge awarded decree for the said amount and also pendente lite interest.

( 3 ) THE suit was filed under Order 37, Civil Procedure Code. The agreement was dated 22. 2. 1990 and was executed by the appellants in favour of the respondents for sale of immovable property. The appellants received a sum of Rs. 3 lakhs under the contract. The time for performance was 7 months. If a suit for specific performance was to be filed, it should have been filed on or before 21. 2. 1993. But the present suit was one for refund of money and was filed on 10. 7. 1994. This suit for refund came to be filed under the following circumstances.

( 4 ) THE land was acquired under Section 4 (1) of the Land Acquisition Act on 6. 6. 1991 and a declaration under Section 6 was issued on 18. 12. 1991. The award was passed on 2.

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