J U D G M E N T

The suit for specific performance of an agreement for sale was decreed for the alternate relief of return of advance sale consideration. Dissatisfied with the same, the plaintiff is in appeal.

2. The plaint schedule property has an extent of

4.670 cents. As per Ext.A1 agreement dated 28.12.2005 the defendant agreed to convey the property to the plaintiff for a sale consideration of ₹ 5 lakh per cent. On the date of the agreement an amount of ₹ 11 lakhs was paid towards advance sale consideration. The period fixed for performance was, two months. On 25.02.2006, the plaintiff issued Ext.A2 notice calling upon the defendant to perform the agreement. However, there was no reply. It is accordingly that the suit was filed.

3. The defendant challenged the readiness and willingness of the plaintiff. It was contended that, on 29.06.2005 the defendant had entered into an agreement for sale in respect of the property with one Chandrasekharan(DW5). The sale consideration fixed was ₹ 5 lakhs per cent. An amount of ₹ 3 lakhs was paid towards advance sale consideration. The period fixed for performance was six months which was to expire on 29.12.2005. Since Chandrasekharan was not in