N. Sathish Kumar, J.

1. Aggrieved over the Judgment and Decree passed by the learned District Judge, District Court No. II, Kancheepuram in granting Specific Performance, the present Appeal came to be filed by the Defendant in the Suit. The parties are arrayed as per their ranking before the Trial Court for the sake of convenience.

2. The brief facts of the Plaintiff case is as follows:

The Plaintiff is carrying on Real Estate business of promoting and developing the lands in and around Chennai and to form layouts of the plots and selling the plots to the prospective purchasers. The Defendant is the Owner of the Suit property and agreed to sell the same to the Plaintiff for a total Sale consideration of Rs. 11,05,000 on 5.9.2005 and received an Advance of Rs. 10,000 on that day. The Defendant has also agreed to hand over all the original documents to the Plaintiff and arrange for Survey of the property and to get the approval from the Government authorities. The time stipulated in the Agreement is 90 days for completion of the Contract. However, the same is not the essence of the Contract. The Plaintiff is always ready and willing for completing his part of the Contract, but