JUDGMENT :

Rajendra Badamikar, J.

This appeal is filed by the appellant/plaintiff under Section 96 of CPC challenging the judgment and decree passed in O.S.No.100/2010 dated 01.08.2015 on the file of the I Additional Senior Civil Judge, Belagavi whereby the trial court has rejected the prayer of the plaintiff for specific performance but granted alternative relief of refund of earnest money.

2. For the sake of convenience, parties shall be referred with the original ranks occupied by them before the trial court.

3. Brief factual matrix leading to the case are as under:

The plaintiff has filed a suit for specific performance of contract dated 12.09.2007 and 20.09.2007 pertaining to the suit schedule property. It is asserted that defendant is the owner in possession of the suit schedule property and due to financial difficulties, he offered to sell the suit schedule property. The plaintiff intended to develop the horticulture approached the defendant and after negotiation the price of the property was fixed at Rs.5,20,000/per acre including the structure. Accordingly, an agreement of sale was entered on 12.09.2007 in the presence of two witnesses. It is also contended that defendant has r