1. The defendant in O.S. No. 474 of 1988 on the file of the Sub-Court, Erode, being aggrieved by the judgment and decree dated 8.11.1991 passed therein has filed the above appeal.

2. For the sake of convenience, the parties are referred to as per their ranking in the suit.

3. The Trial Court has granted a decree directing the defendant to receive the balance sale consideration of Rs.31,000 and execute the Sale Deed and hand over the possession to him. The brief facts of the case are set out here under:

The plaintiff has pleaded that the defendant as the owner of the house site, which is the suit property, entered into a written agreement dated 15.7.1988 with the plaintiff, agreeing to sell the suit property to him for a sale consideration of Rs.51,000 and on the same date, the plaintiff paid a sum of Rs.20,000 as advance. The balance amount of Rs.31,000 is payable within 15th of Aypasi month of the current Tamil year by the plaintiff and he must get a registered sale deed at his own costs. In the same agreement, it is stated that if the plaintiff commits default, he would forfeit the advance amount and in case if the defendant commits default the plaintiff is entitled to