This second appeal has been filed against the judgment and decree, dated 26. 2008, made in A.S.No.76 of 2007, on the file of the First Additional District Court, Erode, confirming the judgment and decree of the First Additional Subordinate Court, Erode, dated 21. 2005, made in O.S.No.68 of 2003.

.2. Thedefendant in the suit, in O.S.No.68 of 2003, is the appellant in the present second appeal. The respondent had filed the suit praying for a decree directing the defendant to execute a sale deed, in respect of the suit schedule property, in favour of the plaintiff or his nominees, on receipt of the balance sale consideration, within the time fixed by the Court and to put the plaintiff in the possession of the property.

3. It hadalso been prayed that in case the defendant fails to execute the sale deed the Court concerned may be pleased to execute the sale deed on behalf of the defendant, in favour of the plaintiff or his nominees and in the alternative to direct the defendant to refund the sum of Rs.2,56,640/- to the plaintiff, with interest at the rate of 12% per annum, from the date of the suit, till the date of the realization of the said amount and to create a charge ov