(Original Side Appeal against the judgment and decree dated 27.7.2001 in C.S.No.153 of 1997 on the file of this Court.)

F.M. Ibrahim Kalifulla, J.

The plaintiff is the appellant. The suit having been dismissed with costs, the plaintiff has come forward with this Original Side Appeal.

2. The appellant/plaintiff filed the suit for specific performance to direct the respondent/defendant to execute a sale deed pursuant to the agreement dated 17.3.1996 on receipt of the balance sale consideration of Rs.15 lakhs in respect of the suit schedule property, namely land and building situate at No.68, Bazullah Road, T.Nagar, Chennai-17 and for a permanent injunction restraining the respondent/defendant from alienating the suit property.

3. As per the plaint averments, the appellant/plaintiff entered into an agreement for sale of the above said property on 17.3.1996 and paid a sum of Rs.15 lakhs towards part consideration, while the total consideration was fixed at Rs.30 lakhs. It is claimed that the respondent gave a stamped receipt dated 17.3.1996 for a sum of Rs.15 lakhs. It is stated that the appellant was ready and willing to pay the balance sale consideration of Rs.15 lakhs and ca