M. Chockalingam, J.

Challenge is made to the judgment of a learned single Judge of this Court dated 211. 2003 rendered in C.S.No.585 of 1992, whereby a suit filed for specific performance and delivery of vacant possession of the suit property or alternatively, refund of advance and damages both past and future, has been partly decreed.

2. The appellant/plaintiff filed the suit with the following averments;

(a) The plaintiff is the owner of the property at Door No.18, Lakshminarasimhan Street, T.Nagar, Madras. He entered into an agreement of sale in respect of the suit property with M/s.Alacrity Foundation Private Limited. All procedural formalities were complied with and the sale consideration was also fixed at Rs.63 lakhs, which was to be paid in instalments. As advised by the tax consultant, the plaintiff purchased another residential house, to avoid the Capital Gains Tax.

(b) While the matter stood thus, the defendant, who is the owner of the suit property situate at No.14, II Street, Nandanam Extension, Chennai-35, came forward to sell the same. The terms and conditions of sale were put in written agreement dated 012. 1989. The sale consideration was fixed at Rs.16