L.S. Sadagopan, the appellant herein, is the defendant in the suit in O. S. No. 2549 of 1981on the file of the VI Additional Judge, City Civil Court, Madras filed by K. S. Sabarinathan, the respondent herein, for specific performance of the agreement to sell dated 14-5-1973. Since the suit was decreed in favour of the respondent/plaintiff, the same is challenged in this appeal by the appellant/defendant.

2. The case of the respondent/plaintiff is as follows :-

"(a) The defendant/appellant was allotted with Plot No. 477 in K. K. Nagar by the Tamil Nadu Housing Board on 1-4-1969. On his request, the respondent/plaintiff advanced the full amount and paid the same to the Housing Board. Thereafter, the defendant mortgaged the plot to the Madras City Cooperative House Mortgage Society Limited for Rs. 25, 000/- for putting up a construction on the plot.

(b) On 14-5-1973, the defendant entered into an agreement with the plaintiff by which the defendant agreed to transfer the plot to the plaintiff, as the plaintif already paid the full amount to the Housing Board and also agreed to discharge the above said mortgage.The plaintiff also agreed to pay further installments to the Housi