1. The defendant is the appellant herein.

2. The respondent/plaintiff filed the suit for specific performance of an agreement of sale, dated 6.5.1996 and that suit was decreed and the Appeal filed by the appellant herein was dismissed. Hence, this Second Appeal.

3. It is the case of the respondent/plaintiff that the appellant entered into an agreement of sale, dated 6.5.1996 with the respondent, for selling the suit property for a sum of Rs.40,000/- and, on the same date, advance amount of Rs.30,000/- was paid and acknowledged in the agreement of sale, and for payment of balance sum of Rs.10,000/-, time was given upto 6.5.2001 and the respondent was ready and willing to pay the balance sale consideration at one point of time and offered that amount to the appellant. Since the appellant was dragging on the matter, the respondent sent a notice, dated 26.12.2000, informing the appellant that he would be present in the Sub Registrar Office on 5.1.2011 and requested the appellant to come and execute the sale deed, after receiving the balance sale consideration. As the appellant did not come forward, the suit was filed for specific performance of agreement of sale.

4. The a