(1.) The appellant is the plaintiff in a suit for specific performance of an agreement of sale or in the alternative for refund of the advance amount of Rs. 57,000.00 with accrued interest thereon and for creating a statutory charge over the suit properties under Sec. 55 (6)(b) of the Transfer of Property Act, 1882, for proper payment of the said amount.
(2.) The case of the plaintiff, in short, is as follows :
(3.) The first defendant filed written statement wherein it is contended as follows :