M. KARPAGAVINAYAGAM, J. - Sakunthala, the appellant herein, is the defendant in the suit.

Murugesan, the respondent/plaintiff, filed a suit for recovery of the advance money of Rs. 95,000 based on an agreement of sale dated 30.8.1990 on the ground that there is a cloud over the title of the appellant to the suit property. The trial Court decreed the suit as prayed for. The lower appellate Court also confirmed the said decree in an appeal filed by the appellant/defendant. Hence, this second appeal by the defendant having lost in both the Courts below.

The case of the plaintiff/respondent is this :

"(a) On 30.8.1980, the appellant/defendant executed and agreement of sale in respect of the suit property for a sale consideration of Rs. 2,32,000. She obtained a sum of Rs. 75,000 from the plaintiff as advance. It was agreed that the sale deed has to be executed on payment of the balance amount of sale consideration on or before 15.1.1991. Again on 4.10.1990, the plaintiff/respondent gave Rs. 20,000 and obtained receipt. Thereafter, the plaintiff approached the defendant on several occasions informing that he was ready with the money and requesting her to execute the sale deed, b