JUDGMENT

(Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code praying to set aside the judgment and decree dated 26.08.2014 made in O.S.No.80 of 2011 on the file of the Principal District Judge, Krishnagiri by allowing the appeal.)

Judgment

1. The appellant herein is the plaintiff before the trial Court. The suit filed for specific performance to direct the defendants to execute the sale deed for 0.98 ½ cent of suit land and to refund the excess amount received as advance or in alternate to refund the entire earnest money with interest.

2. Considering the pleadings and the evidence, the trial Court granted the alternate relief of a money decree for Rs.10,06,750/- with interest at the rate of 9% p.a. from the date of suit, till the date of decree and thereafter at the rate of 6% till the realisation of the amount.

3. The appellant being aggrieved by not granting the main relief of specific performance has preferred this appeal.

4. The brief facts of the case as found in the pleadings:

Plaint:

The plaintiff entered into an sale agreement on 02/09/2009 in respect of the suit property for a sum of Rs 15,00,000/- (Rupees Fifteen Lakhs only) and paid advance of Rs.10,