JUDGMENT :- The plaintiff whose suit for the specific performance of an agreement for sale in his favour of a house property has been dismissed by the learned District Judge, North Arcot. reversing the decree for specific performance given by the learned Subordinate Judge is the appellant before me.

2. The material facts of the case are not very much in dispute and may be briefly set out. The agreement for sale is evidenced by Ex. A. 1, dated 23-6-1958 whereunder the defendant, the admitted owner of the property had received an advance of Rs. 600, the price fixed for the conveyance being Rs. 9700. The contract for sale had to be completed within 8 months, the balance of price namely, Rs. 9200 being payable by 23-9-1958 at the time of the registration of the sale, expenses of the execution and registration of the sale deed to be borne by the purchaser, namely, the plaintiff. There was the usual default clause providing for the forfeiture of the advance in the event of the purchaser failing to complete the sale as provided. The plaintiff secured an encumbrance certificate for the property on 8-9-1958, and there is evidence that the defendant cleared an encumbrance over the property in

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