9.The additional document sought to be marked also does not improve the case of the appellant. The finding of the trial Court placing reliance upon Ex.B1 that the suit property has already been handed over to the local body for the purpose of construction of the road is also not assailed. At this juncture, taking into consideration the fact that the trial Court itself has given a finding that there is no evidence for repayment of a sum of Rs.10,000/- as mentioned in Ex.A1 coupled with the fact that the respondent was also responsible for dragging the matter over the years, including warranting an exparte decree on few occasions, this Court is of the view that interest of justice would be met if the respondent is directed to pay a sum of Rs.60,000/- (Rupees sixty thousand only) to the appellant. This course is also acceptable to the counsel for the respondent. Accordingly, the respondent/ defendant is directed to pay a sum of Rs.60,000/- within a period of eights weeks from the date of receipt of a copy of this judgment. The judgment and decree rendered by the Courts below are hereby confirmed insofar as the claim for specific performance is concerned.
