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The plaintiff has noticed that there is a civil dispute in respect of the suit shop between the defendant and his cousins. Therefore, it is not possible to complete specific performance of the agreement of sale. Hence, on 24/06/2011 the plaintiff again requested the defendant to repay earnest amount of Rs.5,00,000/- paid by him as earnest money. However, the defendant shown his inability to repay earnest amount. Hence, the plaintiff is constrained to file the present suit against the defendant for recovery of Rs.5,00,000/- with interest. The plaintiff prayed to decree the suit in terms of prayer clause. In the alternate, the plaintiff prayed that if the court comes to conclusion that the defendant is lawful owner and possessor of the suit shop, then the decree of specific performance of contract may be granted in his favour in terms of the agreement of