( 1 ) THE appellant-plaintiff filed a Suit No. 238 of 1984 in the City Civil Court Ahmedabad for specific performance of the contract dated 15/12/1980 and in the alternative for damages occasioned on account of breach of contract. The case set up in the plaint was that the first defendant Messrs Banner Enterprise partnership firm had floated a scheme for the construction and sale of industrial sheds on Final Plot No. 10-E of Rakhial Town Planning Scheme No. 10. The plaintiff met the organisers of the scheme and after knowing the terms and conditions thereof booked Shed No. 1 admeasuring 50 sq. yards for a price of Rs. 50 0 70 per cent whereof was to be met through a loan to be arranged by the defendants. Accordingly out of the total price of Rs. 50 0 a sum of Rs. 35 0 was to be paid through Government loan and the balance of Rs. 15 0 was to be paid by the plaintiff to the defendants the organisers of the scheme. The plaintiff paid an amount of Rs. 9 0 by four instalments the first three dated 15/12/1980 and the last dated 17/01/1981 under separate receipts issued by the defendants. According to the plaintiff the balance amount was to be paid after the commencement o