Plaintiff in O.S. No. 142 of 1981 on the file of the Principal Sub Court, Quilon is the appellant. Suit is for specific performance of contract for sale of immovable property.

2. Plaintiff and defendant entered into an agreement Ext. Al dated 29th September, 1976 whereby plaintiff agreed to purchase and defendant agreed to sell the plaint schedule property for a consideration of Rs.40,000/-. Defendant had obtained a preliminary decree in O.S, 11.1 of 1972 on the file of Sub Court, Quilon, for partition and recovery of possession, which declared that plaintiff got 171/210 shares in the plaint schedule property, which had an extent of 15 cents. Defendant made the plaintiff to believe that defendant was taking steps before the execution court for recovery of possession. It is this property that was agreed to be sold and the defendant received Rs.1,001/- towards advance from the plaintiff. The agreement also provided that the defendant on recovery of possession of the property through court would issue notice to plaintiff and that plaintiff should be ready to pay the balance of consideration and to obtain the sale deed within one month from the date of receipt of notice. Def