The

captioned

second

appeal

is

filed

by

unsuccessful

plaintiff

who

is

challenging

the

concurrent judgments and decrees of the Courts

below who have refused to grant discretionary relief of

specific performance of contract and have ordered for

refund with interest at the rate of 18%.

Facts leading to the above stated case are

as follows:

The appellant/plaintiff filed a suit for specific

performance

of

contract

by

contending

that

respondent No.1/defendant No.1 offered to sell the

suit property in his favour and accordingly entered

into an agreement by executing an agreement to sell

on 05.06.1996 for a sale consideration of Rs.20,000/-.

The appellant/plaintiff has further contended that

pursuant to the said agreement to sell, he paid an

earnest money of Rs.15,000/- and that he was ever

ready and willing to perform his part of contract. It

4

was also contended that respondent No.1/defendant

No.1 delivered possession as per the recitals in the

agreement

to

sell.

The

present

suit

in

O.S.No.332/1999 was filed on 16.10.1999 after

issuing legal notice when appellant/plaintiff found that

the 1^st defendant has sold the suit schedule property

under a registered sale deed dated 26.04.1999.

Resp