1. This regular appeal is directed against the judgment and decree dated 24.9.2009 and made in O.S.No.387 of 2005 on the file of the learned Additional District Judge, Fast Track Court No.1, Coimbatore.

2. Having been dissatisfied with the decreeing of the suit, the defendant has knocked the door of this court by way of this appeal.

3. For easy reference and also for the sake of convenience, the appellant may hereinafter be referred to as the defendant and the respondent be referred to as the plaintiff wherever the context so require.

Background facts:

4. The plaintiff had entered into an agreement of sale with the defendant on 21.6.2002 in respect of the suit property, under a registered sale agreement, for a sale consideration of Rs.7,00,000/-, out of which a sum of Rs.4,50,000/- was paid as advance on the same day and on receipt of the balance of sale consideration, the sale deed shall be executed on or before 20.6.2005.

5. On the date of agreement, as the defendant had asked a further sum of Rs.50000/- to settle some urgent liabilities, the said amount was paid by the plaintiff, for which the defendant had executed a promissory note separately.

6. The defendant had also exec