Anil K. Narendran, J.

The appellant is the defendant in O.S.No.319 of 2007 on the file of the Court of the Principal Subordinate Judge of Palakkad. The respondent herein filed the above suit for recovery of possession of the plaint schedule property on the strength of title from the appellant/defendant and its men together with compensation for use and occupation at the rate of 3,000/- per month from the date of suit till it is actually delivered to the respondent/plaintiff. The court below by judgment delivered on 31.7.2010 decreed the suit and directed the respondent/plaintiff to deposit the sum of 3,00,000/- in court within two months from the date of judgment and give notice of such deposit to the appellant/defendant. The court below further directed that, the appellant/defendant shall surrender vacant possession of the plaint schedule property to the respondent/plaintiff within three months from the date of receipt of notice regarding such deposit. Both parties were directed to suffer their respective costs. Aggrieved by the judgment and decree of the court below, the appellant/defendant is before us in this appeal.

2. We heard the arguments of the learned counsel for the appellant/defendant and also the learned counsel for the respondent/plaintiff.

3. The plaint averments in brief are as follows:- The plaintiff, which is a registered society, is the absolute owner of the plaint schedule property as per Ext.A1 registered sale deed bearing No.2694 of 1988 of SRO, Palakkad. Ever since 1988, the plaintiff was in possession and enjoyment of the said property. In the year 2001, the defendant approached the plaintiff and informed that it is interested in purchasing the plaint schedule property. Accordingly the plaintiff agreed to sell the said property to the defendant for a consolidated consideration of 6,00,000/- and entered into Ext.A2 sale agreement with the defendant on 27.9.2001, the original of which was kept by the plaintiff and a photocopy was given to the defendant. As per the terms of that agreement, the defendant paid the sum of 3,00,000/-, by way of two demand drafts for 1,50,000/- each, to the plaintiff towards advance sale consideration. The defendant was put in possession of the plaint schedule property on the understanding that the defendant will look after and take proper care of the entire property. It was further stipulated in Ext.A2 that, the defendant shall pay the balance sale consideration of 3,00,000/- on or before 27.11.2001 and in case of failure to pay the said amount within the aforesaid period, the plaintiff will be entitled to forfeit the advance amount paid by the defendant and that the defendant shall vacate the plaint schedule property voluntarily and put the plaintiff in possession. The plaintiff has further averred that it was always ready and willing to execute the sale deed in favour of the defendant in respect of the plaint schedule property, but the defendant was not ready to pay the balance sale consideration of 3,00,000/- and get the sale deed executed and registered in its favour, that the plaintiff contacted the defendant over phone and also sent a letter informing its readiness to execute the sale deed after accepting the balance sale consideration, but the defendant gave a vague, evasive and bald reply and failed to pay the balance sale consideration. It was contended that thereby Ext.A2 agreement lapsed and became inoperative by efflux of time on 27.11.2004, that the plaintiff is entitled to forfeit the advance amount of 3,00,000/- as the defendant has failed to comply with the terms of Ext.A2 agreement, that the defendant is also liable to vacate the plaint schedule property and put the plaintiff in peaceful possession thereof. Since the defendant failed to comply with the terms of Ext.A2 agreement, the plaintiff caused Ext.A3 lawyer notice dated 3.7.2007 to be issued and it was served on the defendant on 4.7.2007. To Ext.A3 lawyer notice, the defendant sent Ext.A4 reply date