N.V.BALASUBRAMANIAN, J.

This Letters Patent Appeal is directed against the judgment and decree in A.S.No.774 of 1984 dated 16.8.1999 rendered by a learned Single Judge of this Court.

2. This appeal arises out of a suit for specific performance. The first defendant, who is the appellant herein (hereinafter referred to as 'the appellant) is the owner of the property. According to the plaintiff, on 23.2.1975, the appellant in the appeal has agreed to sell the suit property to one Gopal Chettiar, who is the second respondent herein, the second defendant in the suit, free from all encumbrances for a consideration of Rs.53,000/- and he also received a sum of Rs.2,000/- towards advance on that day. It was agreed that the balance of sale consideration should be paid by Gopal Chettiar within a period of six months. As per the plaint averments, Gopal Chettiar was always ready and willing to pay the balance of sale price and get the ale deed executed and he approached the appellant for the same personally and through his friends, but the appellant refused to execute sale deed. It is stated that Gopal Chettiar also telegraphically contacted the appellant to get the sale deed executed