Advanced payment for purchase of land

Hello, Last February I had seen a property and paid a token amount (to create a road access to the property) to the owner. But later on after conducting survey of the property at my cost, I came to know that the shape of the property was very different from the original descripttion of the owner and did not include areas that I was particularly interested in. Hence I decided to not go ahead with the purchase. Now the owner is not paying me back the token advance and I don't have any SALE AGREEMENT as I had given it to him in good faith. The owner had promised to payback the amount when he sells the property or by December 2014 (whichever is earlier) but when the broker approached him with another party who is willing to pay him 20 percent more, he refused to sell the property. Now he is not responding to our calls. His property has had a dramatic increase in value due to the road but he is not willing to acknowledge the benefit he had. Please advice on whether I have any legal right over the money. This property is located in tamilnadu. Many thanks. Ritasri