1. The brief averments found in the plaint is as follows:

1. (a) The first defendant is the owner of the suit property. He and the plaintiff entered into a registered sale agreement dated 21.4.1995, whereunder the 1st defendat agreed to sell the suit property to the plaintiff for a total consideration of Rs.1,50,000/- and received Rs.1,25,000/-on the same date as advance sale consideration and agreed to receive the balance within 4 months from the date of agreement. However, the time was not the essence of the contract. It is also agreed that on receipt of balance sale consideration, the 1st defendant shall execute the sale deed in favour of the plaintiff. Though the plaintiff was ever willing and ready to execute the sale deed, the 1st defendant was evading the same. Hence, he issued a legal notice on 19.8.1995. The 1st defendant did not reply, but, executed another agreement dated 16.2.1996 confirming the sale agreement dated 21.4.1995 and also received the entire balance sale price of Rs.25,000/- from the plaintiff on the same date and put the plaintiff in possession of the suit property in part-performance of the suit agreement. As the 1st defendant failed to execute