Sathish Ninan, J.

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

2. Ext.A1 is the agreement dated 05.08.2010, which is sought to be specifically enforced. Under Ext.A1, 10 cents of property belonging to the defendant was agreed to be conveyed to the plaintiff. The consideration payable was Rs.6,50,000/- per cent. On the date of Ext.A1, an amount of Rs.17,00,000/- was paid towards advance sale consideration. The period fixed for performance was 4 months. Alleging failure on the part of the plaintiff to perform the agreement, the suit was filed.

3. The defendant, while admitted Ext.A1 agreement, contended that the plaintiff was not ready and willing to perform her part of the agreement. The financial capacity of the plaintiff to proceed with the transaction was also challenged.

4. The trial court held that the plaintiff failed to prove her readiness and willingness to proceed with the agreement. Discretion was exercised against the plaintiff, not to grant a decree for specific performance. The court passed a decree for return of the ad