JUDGMENT

The appeal by special leave arises from the judgment and decree in Second Appeal No. 197 / 86, dated April 21, 1986 passed by the single Judge of the Madras High Court. The facts are very simple. The respondent had filed three suits : O. S. Nos. 27 / 63 and 53 / 63 by him and O. S. No. 32 / 63 by his brother Sathappa Chettiar, in the Court of the Subordinate Judge, Selam, to recover certain amounts taken by the appellant from the respondent and his brother. The decretal amounts due thereon were made up of a total sum of Rs. 35,500/- which after payment of Rs. 20,000/-, came to Rs. 15,500/-. Therefore, on December 30, 1977, the appellant executed a promissory note, Ex. A-1 for the payment of Rs. 15,000/- inclusive of interest @ 9% per annum. On the same day, the appellant had also executed an agreement of sale, for the discharge of the very same promissory note debt, and since he was not in a position to pay the same, he agreed to sell three plots of land of an extent of 7,500 sq. ft. for the same consideration, i.e., Rs. 15,500/-. Since the appellant had not executed the sale deed, the respondent filed the civil suit in the Court of Subordinate Judge for specific performanc