1. This appeal is focussed by the defendant in the suit, as against the judgment and decree dated 26.11.2010 passed by the Additional District Judge cum Fast Track Court No.I, Chengalpattu, in O.S.No.65 of 2006, which was one for specific performance of an agreement to sell.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus:

(i) The respondent herein, as plaintiff, filed the suit for specific performance based on the agreement to sell-Ex.A1 dated 20.9.2004, which emerged between the plaintiff on the one side and the defendant. Whereby, the latter agreed to sell in favour of the former the suit property for a total sale consideration to be calculated at the rate of Rs.6000/- per cent. An advance of Rs.five thousand was paid by the plaintiff to the defendant. The parties also agreed that depending upon the actual measurement available on ground, the price would vary. Even though the plaintiff was ready and willing to perform his part of the contract