JUDGMENT :

J.M.KHAZI, J.

This is defendant's second appeal challenging the judgment and decree passed by the First Appellate Court dismissing the regular appeal filed by him and allowing the Regular Appeal filed by the plaintiff, challenging the judgment and decree of the trial Court, partly decreeing the suit of plaintiff, ordering refund of earnest money of Rs.1,00,000/- with interest at 6% per annum, though her suit for specific performance came to be dismissed. By allowing the appeal filed by the plaintiff, the First Appellate Court has decreed the suit in entirety and ordered for specific performance of contract.

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Plaintiff is no other than sister-in-law of defendant i.e, the late husband of plaintiff and defendant are real brothers. Defendant is the absolute owner of suit schedule property consisting of a shop premises measuring 6×18 ft, situated in the ground floor. The adjoining shop premises of same dimension situated on the western side of suit property belongs to the plaintiff. Plaintiff filed suit for specific performance of contract dated 26.06.2008 for sale of suit schedule pr