P. Somarajan, J.

This appeal is against the decree and judgment dated 22.3.2011 in O.S. No. 244 of 2008 of the Sub Court, Kochi by the plaintiff appellant. The suit was filed for recovery of advance amount as well as the amount paid by way of part of sale consideration.

2. The nutshell of the case is as follows:

The plaintiff entered into Ext.A1 agreement for sale with the first defendant for the sale of property owned by him at the rate of Rs. 4,50,000/- per cent, on 22.11.2007. At the time of execution of Ext.A1 agreement an amount of Rs. 2,00,000/- was paid by way of advance. Later, on 29.1.2008 another amount of Rs. 1,75,000/- was also paid to the first defendant towards the sale consideration. But, the contract for sale could not be performed due to the default on the part of the first defendant, as he had not discharged the liability charged upon the property by way of a mortgage and hence the suit was filed for getting back the advance amount along with an amount of Rs. 1,75,000/- paid as part of the sale consideration, totalling to an amount of Rs. 3,75,000/- with interest and costs.

3. The first defendant entered appearance and filed a written statement admitting the