Prathiba M. Singh J.

1. The present appeal arises out of the final judgment/decree dated 24th May, 2006 by which, the learned Additional District Judge rejected the Appellant’s prayer for specific performance and directed refund of Rs.12,00,000/- (Rupees Twelve Lakhs) with costs and interest @ 6% per annum.

Brief Background

2. The Appellant/Smt. Veena Sharma was the Plaintiff in the suit (hereinafter ‘Plaintiff’) Respondent No. 1/Mr. Raman Monga was Defendant No. 1 in the suit (hereinafter `D1’) and Respondent No. 2/Sh. Horam Singh was Defendant No. 2 in the suit (hereinafter ‘D2’).

3. The Plaintiff entered into an agreement to sell and purchase dated 28th October, 2003 with the Defendants for the purchase of the second floor of property bearing No. 29/39, West Patel Nagar, New Delhi, admeasuring 100 square yards. The total sale consideration was Rs.13 lakhs. The Plaintiff has made a total payment of Rs.12 lakhs. The various payments and the dates on which these payments were made are as under:-

Payment Chart

Date	Amount	Mode of Acknowledgment	Exb. No.
02.08.200