Nainar Sundaram, J.

1. The question that presented difficulty to the learned Judge of this Court and which obliged them to refer the same to a Full Bench concerns the legal propriety of the plaintiff, who sued for specific performance of a contract of a sale and who also, in the same suit, asked in the alternative, for the relief of refund of earnest money or advance money, paid under the contract of sale, preferring an appeal against the judgment and decree of the first Court, which granted him only the relief of return of the earnest money or advance money, on denying him the relief of specific performance. There are two pronouncements, both of Division Bench of this Court: One in Sakku Bai Ammal v. R. Babu Reddiar, and the other in Senniappa Gounder v. V.K. Venkataraman, (1981) 94 Mad LW 591. The earlier Bench expressed the view that when the plaintiff asked for reliefs in the alternative, he places such reliefs on par with each other and he makes an election even threshold, leaving entrely the grant of the one or the other of the reliefs to the Court and after the grant of one such alternative relief, he is not an aggrieved person, who could carry the matter to the higher C