1. The plaintiff in the suit in O.S.No.350 of 2003 on the file of Sub Court, Tuticorin, is the appellant in this Second Appeal.

2. The appellant filed a suit in O.S.No.350 of 2003 for specific performance of an agreement of sale dated 09.05.2002 executed by the first defendant in favour of the plaintiff, by directing the first defendant to execute the sale deed in respect of the suit property and to hand over possession.

3. The case of the appellant in the plaint is as follows:

3.1. The suit property was purchased by the first defendant under a registered sale deed dated 18.08.1999. The first defendant approached the plaintiff to sell the property as the first defendant intended to sell the suit property and to settle in Delhi.

3.2. The first defendant orally agreed to sell the property for a sum of Rs.4,50,000/- and received a sum of Rs.50,000/- on 07.01.2002, Rs.1,00,000/- on 01.03.2002, a sum of Rs.50,000/- on 20.03.2002 and another sum of Rs.50,000/- on 10.04.2002 and finally a sum of Rs.1,00,000/- on 09.05.2002. On 09.05.2002, the plaintiff and the first defendant entered into an agreement of sale in writing.

3.3. As per the agreement dated 09.05.2002, the balance of sale