1. This appeal is directed against impugned judgment and decree dated 18/12/2014 by which, the plaintiffs suit has only been partly decreed in the manner that though prayer for grant of specific performance of contract is rejected, advance amount paid by the plaintiff has been directed to be refunded.

2. The appellant / plaintiff filed a suit seeking decree of specific performance of contract against respondent / defendant on the pleadings inter alia that on 09/05/2008, the defendants - Dilip Patel and Kanta Ben, mother of Dilip Patel had entered into an agreement to sell the property in dispute in favour of the plaintiff. It was further pleaded that the parties had agreed for sale, for a total consideration of Rs.43,60,000/- out of which, Rs.10 lakhs was paid as advance by the plaintiff to the defendants. As pe