JUDGMENT :

Prayer: First Appeal has been filed under Order 41 Rule (1) of the r/w Section 96 of the Civil Procedure Code against the judgment and decree dated 21.12.2009 made in O.S. No.22 of 2007 on the file of the II Additional District Judge, Puducherry.

The Appeal Suit has been filed to set aside the judgment and decree dated 21.12.2009 made in O.S. No.22 of 2007 on the file of the II Additional District Judge, Puducherry.

2. This is a suit filed by the plaintiff for Specific Performance in respect of the sale agreement dated 02.02.2006, directing the defendant to execute a sale deed in his favour after receiving the balance sale consideration of Rs.8,00,000/- from and in default this court to execute the sale deed and convey the suit property belonging to the defendant in his favour or in the alternative, direct the defendant to refund a sum of Rs.7,00,000/- with interest at 24% p.a. from 02.02.2006 till payment. The defendant in O.S.No.22 of 2007.

The averments in the plaint, in brief, are as follows: There is a concluded contract entered into between the plaintiff and the defendant for the sale of a landed property in favour of the plaintiff. Accordingly a sale agreement dated 0