1. The defendant in a suit for realisation of money is the appellant in this Second Appeal.

2. The suit property belonged to the defendant. On 7.2.2005, the defendant agreed to sell the suit property to the plaintiff for a consideration of Rs.1,25,000/- and received a sum of Rs.1,00,000/- by way of advance sale consideration. Ext.A1 is the agreement for sale executed between the parties on 7.2.2005. According to the plaintiff, the defendant has not conveyed the property as per the terms of Ext.A1 agreement and hence the suit for realization of the advance sale consideration charged on the suit property. Among others, the defendant contended that the suit is barred by limitation. The trial court found that since the defendant has no case that the plaintiff has improperly declined to accept delivery of the property as per the terms of the agreement for sale, the plaintiff is entitled to recover the advance sale consideration charged on the suit property, as provided for under Section 55(6)(b) of the Transfer of Property Act. The trial court also found that since the plaintiff is seeking to enforce payment of money charged on the suit property, the suit is governed by Article