CHANDRAKANTHARAJ J.

( 1 ) THIS appeal by the indigent is directed against the judgment and decree dated 20-4-1985 in O. S. No. 20 of 1981 on the file of the Civil Judge, Puttur, d. K. The respondent in this appeal filed that suit inter alia stating that there was an agreement to sell as per exhibit P-1 by which the defendantappellant had agreed to convey to him the suit schedule property being agricultural land with buildings, kumki rights, right of way and water etc. , that he had paid an advance of Rs. 13,000/- in two instalments and had further agreed to pay a sum of Rs. 5,000/- on or before 30th April 1981 and take possession of the property and complete the transaction of sale within six months from the said date. He further stated that on 27-4-1981, he went to the house of the defendant to tender Rs. 5000/ but did not find him in the house. Therefore, returned without paying the amount. He was accompained by two of his friends. Similarly, he attempted to tender the amount on 30-4-1984 and went to the house of the defendant along with his friends, but did not find the defendant in the house. Therefore, he came back without tendering the amount as he was unable to do so. He rec

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