M. Chockalingam, J.

Challenge is made to a judgment of the learned Single Judge of this Court made in C.S.No.273 o 1996, a suit for specific performance, granting a decree in favour of the plaintiff.

2. The plaint averments are stated as follows:

(a) An agreement, dated 12. 1994 was entered into between the plaintiff and the defendant to sell the property more fully described in the schedule annexed to the plaint, to the plaintiff. In the said agreement, the defendant has also disclosed the fact of the loan availed from the Indian Overseas Bank, Sowcarpet Branch, Madras. The agreed sale consideration was Rs.10,25,000/-, and the plaintiff has paid Rs.50,000/-as advance to the defendant. The sale transaction was to be concluded within the maximum period of three months from the date of agreement. The plaintiff had to arrange to get the vacant possession of the schedule property from the tenant on or before the date of sale. The understanding between the parties was that the balance of sale consideration was to be secured by the plaintiff from the Oriental Benefit & Deposit Society Limited, Madras, and the plaintiff has paid the necessary fees to the society on 22. 1994. Th