(Prayer: This Appeal Suit is filed against the judgment and decree dated 22.07.2009 made in O.S.No.150 of 2007 by the learned I Additional District Judge, Coimbatore, dismissing the suit for specific performance, however, directing the defendant to return a sum of Rs.3,39,115/- with interest @ 7.5% p.a. from 10.03.1997 till date of suit and thereafter @ 6% p.a. till date of realization.)

1. The plaintiff, who lost his suit for specific performance of contract before the court below, is the appellant herein. The suit in O.S.No.150 of 2007 was filed for specific performance of contract on an agreement of sale dated 28.07.1996 entered into between the plaintiff and the defendants in respect of suit property on receiving the balance sale consideration from the plaintiff. The court below has, by judgment and decree dated 22.07.2009, dismissed the suit in respect of specific performance of contract, however, directed the defendants to return a sum of Rs.3,39,115/- to the plaintiff with interest @ 7.5% p.a. from 10.03.1997 till date of suit and thereafter @ 6% p.a. till date of realization. Challenging the dismissal of the suit in respect of specific performance of contract, the