1. Second defendant is the appellant. The first respondent/plaintiff filed the suit in O.S.No.67 of 1986 on the file of the Sub Court, Nagercoil, for a direction to the first defendant to execute a sale deed in favour of the plaintiff after directing the plaintiff to pay the balance sale consideration of Rs.9,400 and directing the defendant to hand over possession of plaint property to the plaintiff. The trial court granted a decree directing the first defendant to execute a sale deed. On appeal filed by the appellant/first defendant, the District Judge, Kanyakumari District at Nagercoil granted a decree against defendants 1 and 2 to execute a sale deed and hand over possession of the suit property, against which, this second appeal is preferred.

2. Thenecessary facts for the purpose of this Second Appeal are as follows :-

The first defendant is the owner of the suit property. On 14.5.1983, the first defendant entered into an agreement with the plaintiff for the sale of the suit property for a consideration of Rs.29,400, agreeing to execute a sale deed after getting possession in O.S.No.77 of 1978 or within four months whichever is later. He received a sum of Rs.3,500 on