This appeal is by the defendant. The plaintiff – respondent sued for specific performance of an agreement to sell the suit property. Demand made in the notice to receive the balance sale consideration amount and execute the sale deed having not been complied, suit was instituted, to pass decree for specific performance of the agreement to sell dated 31.07.2007.

2. The defendant filed written statement and raised several defences.

3. The Trial Court raised the following issues for trial:

“1) Whether the plaintiff proves that the defendant has executed a Registered sale agreement dated 31.07.2007 in his favour for a sum of Rs.2,00,000/- in respect of suit schedule property and received Rs.1,50,000/- as advance amount by agreeing to sell the suit schedule property?

2) Whether the plaintiff further proves that he is always ready and willing to perform his part of contract?

3) Whether the plaintiff is entitled the relief sought for?

4) What order or decree?”

3.1. The plaintiff got examined himself as PW.1 and examined two witnesses as PWs.2 and 3 and produced 6 documents, which were marked as Exs.P1 to P6. The defendant got examined himself as DW.1 and examined 3 witnesses as DWs.2 t