Sunil K. Kotwal, J.

1. This appeal is directed against judgment and decree passed by Civil Judge, Senior Division, Aurangabad in Special Civil Suit No.26/2014. The appellants are original defendant Nos.4 to 6. Respondent No.1 is the plaintiff and respondent Nos.2, 3 and 4 are original defendant Nos.1 to 3 respectively.

2. Hereinafter the parties are referred in accordance with their status in original proceeding.

3. Shorn off unnecessary details, the facts leading to institution of this appeal are that the plaintiff filed suit for specific performance of contract for sale dated 18.01.2011, alleged to be executed by defendant No.1 in favour of plaintiff in respect of plot No.49 (CTS No.13158/6) admeasuring 344.5 sq. metrs. with two storied building standing thereon, described in para1 of the plaint (hereinafter referred to as “suit property”) and in the alternate for refund of earnest money with interest at the rate of 24% per annum from the date of agreement.

4. Plaintiff is a registered Firm. Defendant No.1 is the owner of suit property situated at Aurangabad. Plaintiff