JUDGMENT :

KRISHNAN RAMASAMY, J.

1. The Plaintiff in O.S. No. 14 of 2010, on the file of the II Additional District Court, Salem, is the Appellant herein.

2. Originally, the Appellant/Plaintiff filed the Suit for Specific Performance of Contract or in the alternative for refund of the advance money of Rs. 20,00,000 with Interest at 18% p.a. and for Costs.

3. The case of the Plaintiff in gist is that, there was an Agreement of Sale entered into between himself and the First Defendant on 23.12.2007 in respect of the Suit property, bearing Plot Nos. 6 to 10, comprised in R.S. No. 43/4A part in Killiyur Village, Yercaud Taluk' at the rate of Rs. 275 per sq. ft. At the time of entering into the said agreement, the Plaintiff paid a sum of Rs. 5,00,000 to the First Defendant as advance. Thereafter, on 20.02.2009, the Plaintiff further paid a sum of Rs. 5,00,000. As per the Agreement, the First Defendant has to execute the Sale-Deed in respect of the aforesaid property within 90 days from the date of entering into the Sale Agreement. However, the First Defendant has been postponing the execution on the grounds that he has to level the ground, provide culvert and drainage and has to plant trees