The defendant, who was successful in the trial Court and lost in the 1st Appellate Court is the appellant.

2. The respondent/plaintiff filed a suit for specific performance of an agreement of sale, dated 30.05.1994 executed by the appellant/defendant in favour of the respondent/plaintiff.

3. The specific case of the respondent/plaintiff was that the suit property belongs to the appellant/defendant and on 30.05.1994, the appellant/defendant agreed to sell the suit property for a consideration of Rs.70,000/- and a sum of Rs.60,000/- was paid as advance and an agreement of sale was also executed on the same day wherein the payment of advance was also mentioned and the defendant agreed to execute a sale deed on receipt of the balance sale consideration from the respondent/plaintiff and a period of three years was fixed in the agreement of sale and the respondent/plaintiff offered to pay the amount and called upon the defendant/appellant to come and execute the sale deed by receiving the balance sale consideration and as the appellant/defendant refused to execute the sale deed, a notice was sent on 05.05.1995 by the respondent/plaintiff to the defendant and even after the rece