K. Harilal, J.

The appellant is the plaintiff in O.S. No.25/2007 on the files of the Principal Munsiff's Court, Neyyattinkara and the appellant in A.S. No.46/2008 on the files of the Sub Court, Neyyattinkara. The aforesaid suit was filed seeking a decree for specific performance of Ext.A1 contract entered into between the plaintiff and the defendant and for declaration of title and possession over the plaint schedule property. According to the plaintiff, pursuant to Ext.A1 agreement for sale, the plaintiff has given possession of plaint schedule property and thereafter, he has been in possession and enjoyment of the property as part of the performance of the contract. The agreement was entered into on 09.02.1990 and as per the agreement, the defendant agreed to sell the same to the plaintiff within a stipulated time for a total sale consideration of Rs. 30,000/-. It is further averred that towards the sale consideration of Rs. 30,000/-, he had paid Rs. 2,000/- and Rs. 4,500/- on 09.02.1990 and 09.05.1990 respectively to the defendant. The second payment was received by Mr. Chellappan Viswanathan on behalf of the defendant. Thereafter, he had remitted Rs. 22,000/- towards t