CAV JUDGMENT

1. Heard the learned counsel for the appellant and the learned counsel for the respondents.

2. The second appeal is filed against the divergent finding of the Courts below. At the first instance, the relief of specific performance is granted in O.S.No.158/2013 directing the defendants to execute the sale deed and in the first appeal in R.A.No.143/2018, the Appellate Court reversed the said judgment of Trial Court and directed to refund the earnest money of Rs.2,00,500/- with 6% interest per annum.

3. The factual matrix of case of the plaintiff/appellant before the Trial Court while seeking the relief of specific performance, it is contended that defendant Nos.1 to 3 have agreed to sell the suit schedule property for a total sale consideration of Rs.8,02,000/- and executed a registered sale agreement on 17.02.2010 in favour of the plaintiff by receiving an advance amount of Rs.2,00,500. It is also the contention of the plaintiff that she was always ready and willing to perform her part of contract and inspite of request, defendants did not come forward to execute the sale deed. It is contended that defendant Nos.1 to 3 through defendant No.4 have executed the sale deed in