1. The second appeal arises from a suit for specific performance of a contract for sale. First defendant is the appellant herein. The suit O.S.124/84 before Sub Court, Sherthallai was filed by first respondent herein (hereafter referred as plaintiff) against appellant (hereafter referred as first defendant) and one Gopalakrishnan Nair who remained ex parte in the suit. Plaint alleges thai first defendant had agreed to sell the plaint schedule properly to plaintiff for a total consideration of Rs. 14,000/-. An agreement was entered into on 8-11-1982. An amount of Rs.7,750/- was paid as advance towards purchase price and the balance was agreed to be paid within three months. On knowing about the intended sale to second defendant from a suit was filed by plaintiff before Munsiff's Court, Sherthallai as O.S. 608/82 to restrain first defendant from alienating the property. Thereafter a notice was sent asking first defendant to execute the assignment deed. She having failed to perform her part of the contract plaintiff was constrained to file the suit.

2. First defendant denied the execution of the document and receipt of the advance. She therefore disclaimed liability to exec