R. Narayana Pisharadi, J.

The appellant is the defendant in the suit O.S.No.403 of 2010 on the file of the Court of the Subordinate Judge of Palakkad. The respondent in the appeal is the plaintiff in the suit. The parties shall be hereinafter referred to as 'the plaintiff' and 'the defendant'.

2. The suit was for specific performance of contract. The trial court granted a decree in favour of the plaintiff for specific performance of Ext.A1 agreement for sale of the property owned by the defendant. This appeal is filed by the defendant challenging the judgment and decree passed in the suit.

3. The facts of the case are as follows: The defendant is the owner of the plaint schedule property which is a shop room. On 14/11/2009, the plaintiff and the defendant entered into Ext.A1 agreement for sale of the plaint schedule property. As per this agreement, the plaintiff agreed to purchase the plaint schedule property for a total consideration of Rs.14,40,000/-. At the time of execution of the agreement, the plaintiff paid an amount of Rs.3,00,000/- to the defendant as advance towards sale consideration. The balance amount of sale consideration had to be paid by the plaintiff on or b