3. The plain(cid:12)ff pleaded that she had remained present in the office of Sub Registrar on the s(cid:12)pulated date along with the balance sale considera(cid:12)on, but the defendant failed to execute the sale deed. It was further alleged that the defendant had also entered into another agreement with a third party in respect of the same property, which resulted in a dispute, rendering the (cid:12)tle clouded and the performance of the agreement uncertain.

4. The defendant contested the suit by asser(cid:12)ng that she was always ready and willing to perform her part of the contract and that it was the plain(cid:12)ff who failed to appear for execu(cid:12)on of the sale deed. The receipt of earnest money, however, was not denied.

5. On the basis of pleadings and evidence led by the par(cid:12)es, the learned trial Court decreed the suit holding that the plain(cid:12)ff was en(cid:12)tled to recovery of the earnest money along with interest. The first appellate Court, upon reappraisal of the en(cid:12)re evidence, affirmed the findings of the trial Court and dismissed the appeal.

6. Learned counsel for the appellant has argued that both the Courts below have misread the evidence a