This Second Appeal is directed against the judgment of the learned District Judge, Tirunelveli, in A.S.No. 148 of 1984 reversing the judgment of the learned Subordinate Judge, Tuticorin, in O.S.No. 217 of 1982. The defendant in the suit is the appellant in the present Second Appeal.

2. The suit was filed for specific performance of contract of sale praying for a decree directing the defendant to execute a sale deed on receiving the balance of Rs. 6,250/- within the date to be specified by the Court, failing which the Court to execute the sale on behalf of the defendant. According to the plaintiff, the suit property belongs to the defendant and the defendant entered into an agreement on 11-10-1981 with the plaintiff to sell the property for a consideration of Rs. 15,750/- and had received an advance of Rs. 5,500/- on that date itself and had executed a written agreement to that effect. As per the conditions of the agreement, the defendant should execute a sale deed at the expense of the plaintiff in three months time after receiving the balance of Rs. 10,250/-. According to the plaintiff, after the execution of the sale agreement, the defendant had received Rs. 4,000/- on