In appeal, the lower Appellate Court reversed the judgment and decree of the Trial Court directing execution of the sale deed, however, granted the relief of refund of earnest money given by the respondent as part sale consideration along with interest. In 1963, an advertisement was issued by the appellant inviting applications from the public for sale of plots at the cost of 25/- per square yard.
While the appellant was in the process, the respondent vide letter dated 27.01.1975 requested the appellant to refund the earnest money paid by him along with interest @12% per annum.
The appellant does not have any objection to the grant of that relief as it is ready and willing to refund the amount of earnest money deposited by the respondent along with interest, as claimed.
He further referred to an order dated 21.08.2003 passed by the High Court in M/s Ashoka Enclave Plot-holders Association v. All that the respondent had asked for from the appellant was as to how that money already paid and the interest thereon will be dealt with as the delay in allotment of plot was attributable to it.
The information was asked for by the respondent as in the letter of offer dated 13.12.1982, the appellant had asked for payment of certain amounts which as compared to the rate at which the plot was initially allotted was exorbitant.
The appellant, after taking those permissions, offered to the respondent an alternative plot vide letter dated 12.1982 @ 135/- per square yard which, as per the letter, included the cost of the land and internal development charges. From paragraph 6 of the aforesaid letter, it is evident that beyond 100% of the cost of the plot, which was sought to be offered @ 135/-per square yard, 20/- per square yard was asked for as part payment to be deposited with the State Government for development work.
Immediately thereafter, the respondent got 9 a legal notice issued to the appellant mentioning all the details and calling upon the appellant to allot the plot measuring 233 square yards @ 25/- per square yard, failing which suit for specific performance may be filed.
However, when the cost of the plot was demanded at a higher rate, even on the asking of the respondent, details were not furnished.
A perusal of the prayer made in the suit shows that in the alternative, only refund of earnest money along with interest has not been claimed, rather the respondent/plaintiff had claimed adequate damages, which may include refund of the earnest money along with interest. Considering the aforesaid totality of the facts, in our view, the interest of justice will meet in case the impugned judgment and decree of the High Court is modified to the extent that instead of getting the sale deed of the plot registered @ 25/- per square yard, in the alternative, the appellant pays a total amount of 50,00,000/- to the respondent as full and final settlement of claim in the suit.
Case Title: M/S GREATER ASHOKA AND LAND DEVELOPMENT COMPANY Vs. KANTI PRASAD JAIN (DECEASED) THROUGH LRS
Case Number: C.A. No.-007990-007991 / 2023
