9 It is, however, submitted by the learned Counsel for the Plaintiffs that the Plaintiffs claim, apart from specific performance, a charge in respect of the suit flat under Section 55(6)(b) of the Transfer of Property Act, to secure the refund of the consideration admittedly paid by the Plaintiffs towards the purchase of the suit flat. Section 55(6)(b) of the Transfer of Property Act provides for a charge in favour of the buyer and as against the seller and or any person claiming under him to the extent of the seller's interest in the property for the amount of any purchase money paid by the buyer in anticipation of the delivery and for interest on such amount. The condition of such charge, however, is that the buyer should not have improperly declined to accept delivery of the property. In the present case, I have found the case of Defendant Nos.1 to 3 that the amount paid by the Plaintiffs towards the suit flat was initially agreed to be held as an investment for a 3 BHK flat after Defendant Nos.1 to 3 dealt with Defendant No.4 for sale of the suit flat and later on, agreed to be refunded, as prima facie believable. In that case, there is no question of the Plaintiffs claiming any charge over the suit flat. The Plaintiffs themselves having accepted cancellation of the
