J U D G M E N T

The appeal filed by the plaintiff in the suit for specific performance seeking execution of the sale deed as per the registered sale agreement dated 22.08.1983 or in alternate to repay the advance money Rs.12,32,000/- with future interest at 12% per annum for the principal amount of Rs.11,00,000/-.

2.The trial Court granted the alternate relief of refund of advanced money with interest. Not being satisfied with the relief granted, the present appeal is filed by the plaintiff.

3.The brief facts of the case as stated in the plaint:

The suit schedule properties belongs to the first defendant. He got the property under a partition deed dated 06.12.1982 and a registered sale deed dated 22.08.1983. The suit land is about 4,047 sq.ft. 9 cents and 153 ½ cents. The plaintiff was a tenant under the first defendant in a portion of suit property measuring of 1000 sq.ft. The plaintiff became the tenant in the year 1998 and running an Industry in the said place as a proprietorship concern under the name and style of “J.Pee.Tee.Engineering Industry”. He paid Rs.30,000/- as advance and put up a hollow block structure with a cement sheet measuring 37X 17 feet. Besides the hollow block s