JUDGMENT :

H.P.SANDESH, J.

This appeal is listed for admission. Heard the learned counsel for the appellant. This appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.

2. The factual matrix of the case of the plaintiff before the Trial Court that the defendant entered into an agreement of sale dated 04.10.2007 agreeing to execute the sale deed for sale consideration of Rs.6,50,000/- and as on the date of agreement, he has received an amount of Rs.1,01,000/- and agreed to pay the remaining amount within three months subject to furnishing of the documents for registration by the defendant and also he has to clear the bank loan and he will come forward to execute the sale deed for him or any nominee and inspite of providing the documents, he took additional amount of Rs.50,000/- on 25.10.2007 as well as an amount of Rs.1,00,000/- on 04.11.2007 and in all he has received an amount of Rs.2,51,000/- but the defendant did not come forward to execute the sale deed, hence, legal notice was issued and when he did not execute the sale deed, filed the suit for the relief of specific performance based on the sale agreement dated

3. The Trial Court h