R. Subramanian, J.

1. The 1st defendant who suffered a decree for refund of advance is the appellant. The suit O.S. No. 28 of 2006 on the file of the Additional District Court/Fast Track Court No. 1, Erode was filed by the plaintiff claiming that he has entered into an agreement of sale on 29.07.2003 in and by which the defendant had agreed to sell the suit property for a total sale consideration of Rs. 15,93,000/- to the plaintiff. The plaintiff had paid advance Rs. 1,00,000/- on the date of the agreement. The agreement stipulates that further advance of Rs. 9,00,000/- is to be paid on or before 17.09.2003 and the balance sale price has to be paid on or before 15.03.2003. According to the plaintiff he came to know that certain third parties had filed suits and obtained orders of attachment of the suit property. Therefore, at the instance of the 1st defendant, the plaintiff had discharged the debts to the tune of Rs. 6,80,000/- in favour of Tmt. V.K. Lakshmi and her husband Kuppusamy, who had filed a suit for recovery of money on the basis of a promissory note alleged to have been executed by the 1st defendant.

2. The plaintiff caused a notice on 24.02.2004 seeking refund o