This appeal is directed against the judgment and decree dated 3.7.2006 passed by 1st Additional District Judge, Rajnandgaon in Civil Suit No. 48-A of 2003 whereby while refusing to grant a decree for specific performance of contract dated 3.9.2002 in favour of the respondent/plaintiff, it ordered refund of advance of Rs.70,000/- to the respondent/plaintiff which included interest of Rs.6,300/- and costs of goods purchased worth Rs.3,700/- by the defendant on credit from the plaintiff.

2. The respondent/plaintiff filed a Civil Suit No. 48- A of 2003 for specific performance of contract dated 3.9.2002 for sale of the suit house by the defendant. It was alleged that on 3.9.2002 the defendant agreed to sell the suit house to the plaintiff and received an advance of Rs.60,000/-. The Ekrarnama was executed by the respondent/defendant acknowledging receipt of Rs.60,000/-. It was mentioned in the agreement that if the appellant/defendant could not make arrangement for money within next 15 months, he would refund the amount of Rs.60,000/- to the respondent/plaintiff. The plaintiff prayed for a decree for specific performance of contract and in the alternative prayed for refund of adv