Anil K. Narendran, J.

The appellant is the first defendant in O.S.No.1054 of 2007 on the file of the Court of the Subordinate Judge of Thrissur. The first respondent herein filed the said suit seeking specific performance of Ext.A1 agreement dated 17.4.2007 for sale of the plaint schedule property and in the alternative for return of the advance amount of 25,000/- together with interest at the rate of 12% from the date of Ext.A1 sale agreement and a further sum of 50,000/- towards damages.

2. The court below decreed the suit and the first respondent/plaintiff was directed to pay the balance sale consideration at the rate of 24,250/- per cent to the appellant/first defendant within one month from the date of decree and the first defendant in turn was directed to receive the said amount and to execute a sale deed in respect of the entire property described as plaint schedule item No.1 and = share in the property described as plaint schedule item No.2. It was also ordered that, if the appellant/first defendant refuses to receive the balance sale consideration and execute the sale deed within the stipulated period, the first respondent/plaintiff can deposit the balance sale consi