JUDGMENT :

Manindra Mohan Shrivastava, J.

1. This common order shall govern disposal of the aforesaid two appeals, First Appeal No.311/2015 filed by the plaintiff and First Appeal No. 276/2015 filed by the defendant Ramnarayan Tiwari.

The plaintiff suit was partly decreed in the manner that, though, the claim for specific performance was not decreed, the advance money was directed to be returned to the plaintiff. Against the decree of return of advance money of Rs. 2,21,000/-, the defendant has filed the cross appeal.

2. Santosh Paal filed a suit seeking decree of specific performance of contract, based on agreement dated 18.02.2009, Ex.P-6, on the pleadings, inter-alia, that the defendant entered into an agreement of sale of the disputed property admesauring 13.20 acres of land for total consideration of Rs. 7,00,000/- with the plaintiff and executed an agreement Ex.P-6 on 18.02.2009. Further case of the plaintiff was that by way of advance, Rs. 2,21,000/- was also paid by the plaintiff to the defendant. According to the plaintiff, he was ready and willing to perform his part of contract by depositing balance amount of consideration within the stipulated period of six months, within w