Venkataraman, J.- The appeal has been filed by the plaintiff before the learned Subordinate Judge and the cross-objections have been filed by the defendant. The suit arises out of an agreement for sale of the plaintiff’s land situate in Mysore State for a sum of Rs. 71,000. Under Exhibit B-1, dated 19th October, 1960, the defendant paid a sum of Rs. 10,000 and on 26th October, 1960, the parties entered into a formal agreement, Exhibit A-1. Glauses 3, 4, and 5 are as follows:-

“3. The vendor has received Rs. 10,000....... The remaining sale amount of Rs. 61,000 be paid to the vendor by the purchaser within 90 days from this date.

4. The sale deed be executed in the name of the purchaser herein described above or in any other name fixed by the purchaser, by the vendor.

5. The purchase shall be completed within 90 days from this day of 26th October, 1960.”

2. The plaintiff was residing at Pollachi. The defendant was a resident of Ootaca-mund. Clause 10 of the agreement provided as follows:

“10. The vendor gives possession of the properties to the purchaser at the time of registration.”

3. The registration had to be done at Arkulgud in Mysore State.

4. On 27th October, 1960, under Exhibit B-

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