Sathish Ninan, J.

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

2. Ext.A1 agreement for sale dated 22.02.2012 was executed between the plaintiff and the defendant. As per Ext.A1, the defendant agreed to convey to the plaintiff the plaint schedule property having an extent of 31.495 cents. The sale consideration payable was ₹ 4,65,000/- per cent, for the extent found available on measurement. On the date of Ext.A1 an amount of ₹ 25 lakhs was paid towards advance sale consideration. The period fixed for performance was up to 22.04.2012. The plaintiff alleges that, though he was ready and willing to perform the agreement, the R.F.A. No.12 of 2015 defendant willfully evaded performance. Ext.A2 is the notice dated 14.12.2012 issued by the plaintiff, calling upon the defendant to perform the agreement. Alleging failure on the part of the defendant to perform the agreement, the suit is filed seeking specific performance of the agreement, with an alternative relief for return of the advance sale consideration.

3. The