VENKATADRI, J. :- This appeal arises out of a suit for specific performance instituted by the appellant and the question involved is whether he is entitled to the relief which he claims.

2. The facts that led to the institution of the suit may be briefly referred to. It appears that the plaintiff appellant, a private company called Messrs. Shree Ram Cotton Pressing Factory, Ltd., having its registered office at Bombay, entered into an agreement of sale on 26-1-1957 with the defendant to purchase five acres of land in S. F. Nos. 424, 425 and 412 in the village of Souripalayam, Coimbatore taluk, at Rs. 7,500 per acre. The plaintiff also paid a sum of Rs. 5,000 as advance to the defendant The land agreed to be purchased was for the purpose of constructing a cotton pressing and ginning factory, which the defendant know even at the time of the agreement, but before the construction could be made, it was necessary that the area should be declared as an industrial area. Originally the time fixed for completing the sale transaction was two months from 26-1-1957, the date of the agreement, to enable the parties to apply to the concerned authorities and have the area in which the sui