JUDGMENT

1. This appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as, "the Code") being aggrieved by the judgment and decree dated 14.10.2016, passed by learned Ist Additional Civil Judge (Senior Division), Dehradun in Original Suit No. 274 of 2014, "Deepak Kapoor and two others Vs. Sri Ashok D. Mehta and others," whereby in a suit for specific performance of contract with ancillary relief of perpetual prohibitory injunction, a decree for specific performance of contract is refused and granted alternate relief of refund of earnest money a sum of Rs.25,00,000/- with compensation a sum of Rs.25,00,000/-.

2. Brief facts of the case are that the appellants- plaintiffs filed the suit seeking specific performance of the Agreement to Sell dated 03.10.2006, registered on 27.10.2006. It was pleaded by the appellants/plaintiffs that the respondent nos. 1 and 2/defendants were owners of property No. 185, Rajpur Road, Dehradun, measuring 2400.00 Sq. yards or 2007.00 Sq. mtrs. with a residential house. The respondent nos. 1 and 2 had entered into an agreement to sell with the appellants and proforma respondent no.6 on 03.10.2006 for the sale of