JUDGMENT

(Prayer: This Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree passed by the Additional District Judge cum Fast Track Court No.2, Madurai, in O.S.No.56/2008, dated 04.08.2010.)

Aggrieved over the decree and judgment of the Additional District Judge cum Fast Track Court No.2, Madurai, in O.S.No.56/2008, dated 04.08.2010, dismissing the suit filed for specific performance and granting only alternative relief of refund of money, the present appeal has been filed by the unsuccessful plaintiff.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Civil Miscellaneous Appeal, are as follows:-

The defendants 1 and 2 are the mother and daughter. The first item of the property belonged to the defendant No.1. Second item of the property belonged to the second defendant. Both the defendants decided to sell the properties. As a result, on 26.09.2007, both of them orally agreed to sell the suit properties to the plaintiff for a total sale consideration of Rs.15,25,000/- and received a sum of Rs.50,001/- as token advance, followed by an written sale agreeme