These appeals are by the plaintiff and the defendant respectively, In a suit for specific performance of an agreement for sale. The trial court decreed the suit granting the alternate relief of refund of the advance sale consideration.

2. Ext.Al agreement dated 16.12.04 was executed between the plaintiff and the defendant whereunder the plaint 'A' schedule property having an extent of 1.90 acres was agreed to be conveyed by the defendant to the plaintiff for a total consideration of Rs.7,60,000/-, at the rate of Rs.4 lakhs per acre. An amount of Rs.2,75,000/- was paid towards advance sale consideration. It was

stipulated that a further amount of Rs.2,60,000/- shall be paid by the plaintiff to the defendant on or before 05.01.05. The entire balance consideration was to be paid on or before 16.02.05, i.e. within a period of sixty days from the date of Ext.Al. As evidenced by Ext.A2 receipt dated 11.01.05, the plaintiff paid an amount of Rs.3,45,000/- towards the loan account of the defendant with the Meenachil East urban cooperative Bank Ltd. The balance amount that remained payable under Ext.Al agreement was Rs.1,40,000/-.

3. While so, Ext. A3 agreement for sale dated 25.01.0