JUDGMENT :

T. RAVINDRAN, J.

Prayer: First Appeal has been filed under Section 96 of The Civil Procedure Code against the judgment and decree dated 26.02.2013 passed in O.S. No. 2 of 2010 on the file of the District Court, Karaikal.

1. Aggrieved over the judgment and decree dated 26.02.2013 passed in O.S. No. 2 of 2010 on the file of the District Court, Karaikal, the plaintiff has preferred the first appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. Suit for Specific Performance or in the alternative for the refund of the advance amount with interest as set out in the plaint.

4. The case of the plaintiff is that on 07.06.2007, the defendant and the plaintiff entered into an agreement of sale in respect of the defendant’s property described in the plaint schedule and it was mutually agreed by the parties under the sale agreement that the defendant should sell the suit property to the plaintiff or her nominee for total sum of Rs. 2,50,000/- and the sale should be concluded within a period of 11 months from the date of the agreement and the defendant should produce the encumbrance certificate for a period of 13 years in respect o