The appellant instituted the suit for specific performance of Ext.A1 agreement dated 24.9.1994, for sale of the plaint schedule property having an extent of 10 cents of land, which is a portion of the larger extent of 28 cents. The trial court partly decreed the suit. The prayer for specific performance of the contract was rejected and the plaintiff was allowed to realize the advance amount of Rs.10,000/-with interest at 6% per annum from 24.3.1995 till the date of realisation with proportionate costs. The plaintiff is aggrieved by the rejection of the prayer for specific performance.

2. The consideration agreed upon was Rs.3,500/-per cent of land. An advance amount of Rs.10,000/- was paid by the plaintiff to the defendants. It was agreed that the transaction should be completed within a period of six months. There was a stipulation in the agreement that the defendants should measure out the property at their expense in the presence of the plaintiff and should entrust to the plaintiff the tax receipt and encumbrance certificate. It was also agreed that the sale price should be determined on the basis of the extent of the property actually found on measurement. The agreeme