JUDGMENT : T.B. Radhakrishnan, J. 1. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The plaintiffs have invoked Article 227 of the Constitution of India. They seek interference with an order by which the Court below refused to grant leave to amend the plaint in a suit instituted for recovery of money allegedly paid as advance for a contract for sale. The Court below held that amendment incorporating the plea for specific performance of the contract cannot be granted. 2. In answer to the suit for return of advance, the defendants took up the stand that they were prepared to alienate the property to the plaintiffs, but challenged the plaint claim on different other grounds. Plaintiffs then applied seeking leave to amend the plaint by contending that they have suffered damages and also for specific performance of the contract, in the light of the defendants' plea that they were prepared to sell. The Court below granted leave to amend the plaint to incorporate the relief relating to the claim for damages but refused leave to amend the plaint to incorporate the relief of specific performance. The suit for return of advance on the basis of a contract for sale can be founded on the causes of action of repudiation following alleged breach by the defendants. Once such a suit is laid, the principal allegation is the defendants' breach of their obligations under the contract for sale and the resultant right of the plaintiffs to repudiate the obligations to buy. This would generate an eligibility to raise a claim for return of advance. This would be the situation, even in case where the contract is given a go by, on the consent of parties. However, it would not be possible to permit a plaintiff, who has sued for recovery of advance, to turn round and to have the suit converted into one for specific performance of the self same contract for sale. Therefore, the impugned order of the Court below is not vitiated on any ground warranting its visitation in exercise of authority under Article 227 of the Constitution of India. This original petition, therefore, fails. In the result, this original petition is dismissed. No costs.