JUDGMENT :

ALOK ARADHE, J.

This appeal under Section 96 of the Code of Civil Procedure, 1908, has been filed by the plaintiff being aggrieved by the impugned judgment and decree dated 22nd November 2012 by which the suit for specific performance of the contract filed by the appellant has been partly decreed and only the relief of refund of earnest money along with interest at the rate of 12% per annum has been granted to the appellant.

2. Facts giving rise to filing of the appeal, briefly stated, are that defendant No.1, admittedly was the owner of the agricultural land bearing Sy. No.77/2 measuring 3 acres out of 6 acres and 21 guntas. It is the case of the plaintiff that the defendant No.1, in order to pay family debts, entered into an agreement for sale in favour of the plaintiff on 01.03.2007, which was registered on the same day. Under the aforesaid agreement, the defendant No.1 agreed to sell the land for a consideration of Rs.2,00,000/- per acre and on the same day. plaintiff paid a sum of Rs.3,80,000/- through a cheque, and a sum of Rs.21,000/- by way of cash. Thus, the defendant No.1 received, in all, a sum of Rs.4,01,000/- as advance sale consideration. It was mutually agr