The defendant in O.S.No.134 of 2000 before the learned Sub-ordinate Judge at Kallakurichi is the appellant in the second appeal. The plaintiff thereon is the respondent.

2. For convenience sake, the parties in the second appeal are referred to as per their rank in the suit.

3. The plaintiff filed the suit in O.S.No. 134 of 2000 before the Sub Court, Kallakurichi for specific performance of an agreement dated 110. 1999 directing the defendant to execute and register a regular sale deed in respect of the suit properties in favour of the plaintiff within the time fixed by the Court or on his failure to do so, the Court itself shall execute and register the sale deed in favour of the plaintiff and for costs.

4. The case of the plaintiff as could be seen in the plaint in nutshell is as follows:-

.(a) The defendant entered into a registered agreement of sale with the plaintiff on 110. 1999 agreeing to convey the suit properties for a consideration of Rs.1,12,750/-. The defendant received an advance of Rs.75,000/- and the balance amount of Rs.37,750/- shall be payable on or before 17. 2000 and on such payment, the defendant shall execute a sale deed in his favour. Though,