1. Since both appeals have been filed by both parties from the Judgment in O.S.No.4700 of 2004 and also the questions to be answered are the same, this Common Judgment is rendered.

2. The following are the averments contained in the plaint filed in O.S.No.4700 of 2004:

2.(a) The plaintiff is residing at New No.9, Old No.7, 'A' Block, M.M.D.A. Colony, Arumbakkam, Chennai-106 for the past 17 years. He initially came to the premises as tenant under one J.Mariadoss, Power of Attorney of one L.Joseph, for a monthly rent of Rs.500/-. During the year 1992 J.Mariadoss refused to receive the rent from him, so he was constrained to file petition before the Rent Controller under Section 8(5) of the TNB (L&R) Act in RCOP No.2595 of 1992 and the same was allowed and the plaintiff was committed to deposit the rent into the Court.

2.(b) When the owner of the house L.Joseph made his attempts to dispose of the property to some third party, the plaintiff expressed his willingness to purchase the same in the end of 1994, but before the dealing was over, the defendant purchased the property from L.Joseph through J.Mariadoss in 1995. The defendant issued legal notice to the plaintiff on 5.7.2002 calling upon the plaintiff to complete the sale of the suit property by paying the balance of sale consideration and to register the sale deed and that the legal notice dated 5.7.2002 clearly goes to prove that the time is not essence of the contract.

2.(c) Though the defendant had purchased the property in the year 1995, he did not inform the same to the plaintiff i.e., the tenancy was not attorned to and in favour of the defendant. The defendant expressed his willingness to dispose of the property to and in favour of the plaintiff for Rs.8.5. Lakhs and the same was reduced into writing on 23.9.1998 and after the sale agreement, the possession was handed over by the defendant to the plaintiff and the plaintiff paid a sum of Rs.2 lakhs as advance by cash. As per the sale agreement the sale consideration would be Rs.8,50,000/- and the plaintiff further paid a sum of Rs.2,00,000/-by way of demand draft to the defendant through his son. The plaintiff is always ready and willing to pay the balance amount of Rs.4,50,000/- to the defendant, but he refused to execute and register the sale deed to and in favour of him. More than 100 times, the plaintiff made his attempts with the defendant for execution and registration. Since the defendant is a doctor by profession was capable of paying the amount at any time and he is ready and willing to pay the amount, even today he is ready and willing to pay the amount to the defendant or to deposit before the Court.

2.(d) After the offer and acceptance were over between the plaintiff and the defendant, the defendant himself prepared the Sale Agreement on his own style, so, the plaintiff declined to sign in the Agreement. At that juncture the defendant himself told the plaintiff that he is a professional doctor and a man of means and having a status in the society, the agreement and other things are only for formalities so he has signed in the Sale Agreement. When the plaintiff insisting the defendant for a copy of the sale agreement, he did not furnish the same in time and promised to give the same afterwards. But, now it appears that the defendant has handed over the xerox copy of the sale agreement with his counter signature, to his mother. The sale agreement is being produced as Original before this Court and the plaintiff had no opportunity to go through the sale agreement till her mother's life time. When the plaintiff states that he was not having copy of the sale agreement, the defendant has started to taking the same as an advantage and started to say the sale amount would be Rs.20 lakhs and standing on the same footing till now, but he has not produced the alleged sale agreement for a sum of Rs.20 lakhs.

2.(e) Instead of executing and registering the sale deed, the defendant had filed an Eviction Petit