ABDUL HADI, J.:- The plaintiff is the appellant in this first appeal against the judgment and decree in O.S. No. 466 of 1981 on the file of the Subordinate Judge, Madurai. The said suit is for specific performance of Ex. A.l, sale agreement dated 15-12-1978 filed by the appellant against the defendants. The Court below has negatived the relief of specific performance, but has granted the return of advance amount paid, of Rs. 5,000/ -with interest paid, under the said agreement; (total sale consideration there on was Rs. 7,60,000/ -and the property agreed to sold was a house in Madurai). Since the specific performance relief has been negatived by the Court below, this appeal has been filed by the plaintiff, claiming the said relief.

2. The plaint allegations are briefly as follows:- The defendants who owned the above said suit property agreed to sell it for Rs. 60,000/- to the plaintiff and accordingly executed the sale agreement dated 15-12- 1978. As per the sale agreement, the defendants agreed to sell the same within six months free of all encumbrances and hand over vacant possession of the property at the time of the sale. The defendants also received a sum of Rs. 5000/