G.M. AKBAR ALI,J.,

1. Appeal filed under Sec.96 C.P.C against the judgment and decree made in O.S.No.24 of 2005 dated 13.11.2006 on the file of the learned Principal District and Sessions Judge, Thiruvannamalai.

2. The defendant is the appellant. The suit was filed for specific performance of the contract dated 7.1.2002. The brief facts leading to the filing of the appeal are as follows:

3. The appellant had purchased the property by a sale deed dated 13.11.1998 and started Blue Metal Crusher Factory Hall, Shivasakthi Blue Metal. According to the respondent/plaintiff, the appellant proposed to alienate the property and the respondent expressed his willingness to purchase. After negotiations, it was mutually agreed that for a total value of Rs.15 lakhs the appellant agreed to sell the property and received a sum of Rs.4,95,000/-as advance and executed the agreement of sale dated 7.1.2002. It is a registered agreement.

4. As per the terms of the agreement, the respondent/plaintiff shall pay the balance sale consideration of Rs.10,05,000/- on or before 6.1.2005 and the sale deed has to be executed. The respondent was always ready and willing to pay the balance. However, whi