ANIL KSHETARPAL, J.

1. Defendants-appellants are in the regular second appeal against the judgment passed by the learned first appellate court, decreeing the suit for possession by way of specific performance of the agreement to sell dated 17.01.2005.

2. The substantial question of law arises for consideration:-

(i) Whether the discretion exercised by the learned trial court while refusing the specific performance of the agreement to sell and ordering refund can be interfered by the learned first appellate court without recording finding that the discretion exercised by the court is not based on sound judicial principles of law?

3. Plaintiff filed a suit for possession by way of specific performance of the agreement to sell dated 17.01.2005. It was pleaded that out of total sale consideration of Rs.1,35,00,000/-, Rs.10,00,000/- was paid as earnest money and the date for execution and registration of the sale deed was fixed as 15.06.2005. Plaintiff filed a suit on 14.01.2008.

4. Defendants contested the suit. In the written statement, it was pleaded that defendant no.1 drives tempo/auto rickshaw and for purchase of a mini bus, a loan of Rs.7,00,000/- was to be taken and in that