SBC SECOND APPEAL NO. 19/2001 – RADHE SHYAM AND ANOTHER V/S LRs. OF JAMNALAL AND ORS. : JUDGMENT DTD. 2.12.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL SECOND APPEAL NO.19/2001 Radhey Shyam and anr. versus LRs. Of Jamna Lal and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Arvind Samdaria, for the appellants Mr.S.L. Jain, for the respondents. DATE OF JUDGMENT : 2nd December, 2008. JUDGMENT 1. Heard the learned counsels for the parties. 2. This second appeal has been preferred by the plaintiffs in a suit for specific performance being aggrieved by the judgment of the first appellate Court dtd.25.10.2000, whereby while denying the specific performance as done by the learned trial Court, the first appellate SBC SECOND APPEAL NO. 19/2001 – RADHE SHYAM AND ANOTHER V/S LRs. OF JAMNALAL AND ORS. : JUDGMENT DTD. 2.12.2008 2/3 Court directing refund of the money by the defendants reduced the amount of Rs.6121/- to Rs.1620/- holding that the balance amount was paid 3 years prior to the date of filing of the suit and therefore, the claim in that regard was time barred. 3. The learned counsel for the appellants states that since giving of money under agreement by the plaintiffs was established, there was no question of reducing the amount directed to be refunded by the defendants by the first appellate Court though the learned trial Court had directed full refund of the said amount vide judgment dtd.4.10.1996. 4. The learned counsel for the respondents does not seriously and fairly opposes these submissions. The other submissions made by the learned counsel for the appellants are not accepted. 5. Accordingly this appeal is disposed of and the refund of money of Rs.1620/- as directed by the learned first appellate Court shall stand modified to the extent of Rs.6121/- as directed by the learned trial Court. The condition of interest shall remain as it is. Upon refund of the said money by the defendants with interest as now directed, the SBC SECOND APPEAL NO. 19/2001 – RADHE SHYAM AND ANOTHER V/S LRs. OF JAMNALAL AND ORS. : JUDGMENT DTD. 2.12.2008 3/3 plaintiffs – appellants shall hand over possession of the suit premises to the defendants. With the aforesaid modification, this appeal is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.16 Ss/-