(Appeal filed under Clause 15 of the Letters Patent against the judgment dated 14.12.1999 in A.S.No.600 of 1987 passed by the learned single Judge.)

P.K. Misra, J.

Defendant is the appellant against a confirming decision of the learned single Judge in A.S.No.600 of 1987.

2. The plaintiff has filed the suit for specific performance of contract to execute the sale deed in respect of 1 acre 30 cents in R.S.No.174/5 in Uthangudi Village within Madurai District.

3. The plaintiff’s case is as follows :-

The defendant had purchased R.S.No.174/4 measuring 60 cents and 174/5 measuring 1 acre 30 cents in Uthangudi village. The defendant intended to purchase another 4 acres 15 cents of land adjacent to the aforesaid land and had paid advance for the said property. The defendant required further funds to complete such transaction and contacted the plaintiff, who was his friend. The defendant offered to sell 1 acre 30 cents either out of land bearing R.S.No.174/5 or an equal extent of 1 acre 30 cents out of 4 acres 15 cents, which the defendant intended to purchase, for a total consideration of Rs.1,00,000/-. On the basis of the aforesaid request of the defendant, the plaintiff had paid