JUDGMENT :

K.M. JOSEPH, J.

1. The appeal by Special Leave is directed against the judgment passed by the High Court of Kerala at Ernakulam dated 08.10.2015 in RFA No. 869 of 2013. The appellant is the plaintiff in a suit for specific performance which has been decreed by the trial Court but on appeal by the defendant dismissed by the impugned judgment of the High Court. For the sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the trial Court.

THE AGREEMENT

2. There is no dispute that the plaintiff and the defendant have indeed entered into an agreement on 25.04.2007. The agreement (marked as A1), inter alia, provided as follows; The property, which was agreed, to be sold was mentioned as 75 ¾ cents held by the defendant as per assignment deed No. 1405 of 1975. The property agreed to be sold included all improvements thereon including an incomplete RCC house building, Well, motor shed etc. Payment of Rs. 2,00,000/- as advance was recorded. Towards balance consideration the plaintiff was to pay the minimum amount of Rs. 3,00,000/- within four months from 25.04.2007. It is further recited that on such payment, the defendant will