Mr. P.R. Shivakumar, J.

The plaintiff in the original suit O.S. No.12 of 2002 is the appellant in the appeal. He filed the said suit against the respondent herein for the relief of specific performance of an Agreement for sale dated 26.06.1995. After trial, the trial Judge dismissed the suit without cost by a judgment and decree dated 06.11.2002. The said decree of the trial court is challenged in the appeal suit. For the sake of convenience the parties are referred to in accordance with their ranks in the suit and at appropriate places, if necessity arises, their ranks in the appeal will also be indicated.

2. The appellant herein/plaintiff filed the suit praying for the relief of specific performance based on the plaint averments, which are in brief, as follows:

The respondent/defendant is the owner of the suit property. He entered into an agreement with the appellant/plaintiff on 26.06.1995 for the sale of the suit property to the plaintiff for a sum of Rs.4,00,000/- and received on the same day a sum of Rs.3,80,000/- as advance and part of sale consideration leaving a balance sale consideration of only a sum of Rs.20,000/-. It was agreed that the plaintiff could pay the b