First defendant in a suit for realisation of money is the appellant. Plaintiff and second defendant are the respondents in this appeal.

2. Heard the learned counsel for the appellant and the contesting respondent/plaintiff.

3. Basic facts are as follows :

Plaintiff and the first defendant entered into an agreement for sale of the property belonging to the latter having an extent of 35 cents. The price fixed per cent was R.28,500/-. Ext.A1 is the agreement to assign dated 15.05.2006. Plaintiff paid an amount of R.1,50,000/- as advance towards the part payment of sale consideration to the first defendant. As the first defendant was in need of money, even before the expiry of time fixed in Ext.A1, ten cents of property involved in the contract was purchased by the plaintiff from him as per Ext.A5 sale deed. Transaction relating to the remaining 25 cents should have been completed as per Ext.A1. It is an admitted fact that none of the parties filed a suit for specific performance of the contract. Later, the first defendant sold the remaining 25 cents to the second defendant as per Ext.A6 document. Hence the plaintiff filed the suit for return of advance money.

4. First defendan