Prathiba M. Singh, J.

1. In this appeal, the Plaintiff/Appellant (hereinafter ‘Plaintiff’) challenges the judgment/decree dated 9th September, 2016 by which the suit for specific performance filed by her was dismissed and a decree of refund of the earnest money paid has been granted in the following terms :

“35. Admittedly, defendants have received a sum of Rs.8 Lacs from the plaintiff. Admittedly, sum of Rs.5 lacs was received by defendants on 01.01.2005. Further, a sum of Rs.3 lacs was received by defendants from the plaintiff on 07.09.2005.

36. As noted in decision on issue no.4, it has been submitted by defendants in written submissions that defendants are willing to refund the said advance/earnest money to plaintiff, on such terms as the Court may deem proper. In view of this stand of defendants, they are directed to refund the sum of Rs. 8 lacs to the plaintiff.

Plaintiff is entitled to interest @ 18% per annum on the amount of Rs.8 lacs i.e. w.e.f. 01.01.2005 on Rs. 5 lacs and w.e.f. 07.09.2005 on Rs.3 lacs, till realization.”

2. The case in brief of the Plaintiff is that she entered into an Agreement to Sell dated 1st January, 2005 in respect of property bearing no.226,