This appeal has been preferred by the defendant in the suit in O.S.No.9 of 1989 on the file of the Principal Sub Court, Tirunelveli. The suit in O.S.No.9 of 1989 was filed by the first respondent, as plaintiff, for specific performance of an agreement of sale dated 03.07.1985 in respect of the suit property. The suit property is a land measuring an extent of 6 cents along with two houses bearing Door Numbers 12/2 and 12/3 in Seevalaperi Road, Palayamkottai, Tirunelveli District.

2. The case of the plaintiff in the suit are as follows:

2.1. The suit property belonged to the defendant / appellant. The plaintiff and defendant entered into a sale agreement on 03.07.1985 to sell the suit property to the plaintiff. The total sale consideration was fixed at Rs.1,13,000/- and a sum of Rs.13,001/- was paid as advance. The defendant disclosed a Government loan on the suit property and there was no other encumbrance over the suit property. The defendant undertook to execute the sale deed free of encumbrance on or before 02.01.1986 on receipt of the balance of sale consideration.

2.2. The plaintiff subsequently paid a sum of Rs.40,000/- to the defendant as agreed upon on 15.09.1985 and