1. The plaintiff is the appellant herein.

2. The appellant/plaintiff filed the suit for specific performance of an agreement of sale, dated 20.8.1997 and that suit was dismissed and the Appeal filed by the appellant herein was also dismissed. Hence, this Second Appeal.

3. It is the case of the appellant/plaintiff that he entered into an agreement of sale, dated 20.8.1997 with the respondent, for purchasing the suit property for a sum of Rs.60,000/-and on the same date, advance of Rs.50,000/-was paid and acknowledged in the agreement of sale and for payment of balance sum of Rs.10,000/-, time was given upto 20.8.2000 and the appellant was ready and willing to pay the balance sale consideration and offered that amount to the respondent. As the respondent was dragging on the matter, the appellant sent a notice, dated 21.7.2000, informing the respondent his readiness and willingness to get the sale deed executed and requested the respondent to come and execute the sale deed, after receiving the balance sale consideration. As the respondent did not come forward, the suit was filed for specific performance of agreement of sale.

4. The respondent contested the suit stating th