Sivaraman Nair, J.

The defendant in O.S. No. 173 of 1978 before the additional Sub Judge, Alleppey is the appellant. Respondent was the plaintiff. Trial court decreed the suit, directing the appellant-defendant to execute sale deed in respect of the plaint property in favour of the plaintiff on receipt of the balance sale consideration recited in Ext.A-1 within one month in performance of Ext.A-1 agreement for sale. In case the defendant did not execute the sale deed as directed, the plaintiff was to deposit the balance of consideration in Court and give notice of deposit to the plaintiff and the plaintiff was entitled to have the sale executed through court in his favour in specific performance of E Al and that from the date of deposit of the balance of sale consideration in court till recovery of the plaint property, the plaintiff was allowed to realise mesne profits at the rate of Rs. 2,400 per annum.

2. Plaintiff-respondent filed the suit for specific performance of Ext. A-1 agreement for sale, which was entered into on 29th March 1978. It related to the sale of plaint schedule property for a consideration of Rs. 15,112 within six months of the date of agreement. An a