Tapan Kumar Dutt, J.

This Court has heard the learned advocates for the respective parties and has considered the relevant materials on record.

The plaintiff/appellant filed a suit being Other Suit No.64 of 2006 renumbered as Other Suit No.54 of 2013 which was placed before the learned Joint Civil Judge, Senior Division at Port Blair. Such suit was filed against the defendant/respondent and the plaintiff in such suit prayed that a decree be passed under Specific Relief Act directing the defendant to execute the sale deed in respect of the suit property in terms of the agreement for sale dated 26.04.2006 entered in between the plaintiff and the defendant. The plaintiff/appellant also prayed for a decree directing the defendant/respondent not to disturb the possession of the plaintiff from the suit property. The defendant/respondent contested the said suit by filing the written statement.

The said suit ultimately came up for hearing and the learned Trial Court, after hearing the parties and considering the evidence on record, dismissed the said suit and directed the defendant to refund the earnest money of Rs.9,77,500/- to the plaintiff within a stipulated period of time and, i