1. This appeal has been preferred by the unsuccessful defendant against the judgment and decree dated 15.04.1998 made in O.S.No.2265 of 1997 on the file of the IV Additional Judge, City Civil Court, Chennai.

2. Thefollowing are the averments in the plaint succinctly stated:

2.1. On 07.07.1980, the defendant entered into a sale agreement with the plaintiff in respect of the property in question for a sum of Rs.4,50,000/-. The defendant agreed to execute the sale deed in favour of the plaintiff after completing all the formalities, besides producing encumbrance certificate for 15 years and to hand over the title deeds. Pursuant to the agreement, a sum of Rs.3,000/-was paid as advance by the plaintiff. While so, in spite of repeated demands, the defendant failed to produce the original title deeds and also patta pertaining to the property in question.

2.2. Under such circumstances, the plaintiff gave a telegram to the defendant calling upon him to produce and deposit all original title deeds, but his efforts went in vain, as a result of which, he filed a suit in O.S.No.6145 of 1980 on the file of the Civil Court Court, Chennai, for a permanent injunction restraining the d