K. M. NATARAJAN, J.

This appeal is preferred by the plaintiff in O. S. No. 817 of 1979 on the file of the Subordinate Judge, Madurai, challenging the decree and judgment in the said suit dismissing the main relief regarding specific performance but granting the alternative relief directing the defendant to pay the amount paid by the plaintiff. For the sake of convenience, the array of parties in the court below is adopted herealso.

2. The case of the plaintiff as disclosed in the plaint can be briefly stated as follows: The defendant agreed to convey the suit property to the plaintiff and both of them entered into a contract of sale under an agreement dated 23-10-1978. As per the terms of the agreement, the defendant agreed to sell the property for a consideration of Rupees 89, 000/-. A sum of Rs. 5, 001/- was paid on the date of the agreement as advance and has been acknowledged by the defendant in the agreement itself. The period of performance under the sale agreement is 4 months. As per the terms of the contract, the defendant has to vacate the tenant from the scheduled property and deliver possession to the plaintiff with keys at the time of execution and registratio