N. Anand Venkatesh, J.

1. The plaintiff in the suit has filed the present Original Side Appeal aggrieved by the judgment and decree dated 01.10.2015, passed by the learned Single Judge, dismissing the suit.

2. The appellant will be referred to as the plaintiff and the respondent will be referred to as the defendant for the sake of convenience.

3. The case of the plaintiff in brief:

3.1. The plaintiff entered into an agreement of sale dated 17.05.2009 with the defendant and out of the total sale consideration which was fixed at Rs.50,000,00/- [Rupees Fifty Lakhs Only], an advance of Rs.10,00,000/- [Rupees Ten Lakhs Only] was paid out of which, Rs.2,50,000/- [Rupees Two Lakhs Fifty Thousand Only] was paid by way of cash and Rs.7,50,000/- [Rupees Seven Lakhs Fifty Thousand Only] paid by way of cheque. Pursuant to the agreement, the defendant handed over the physical possession of the suit property. At the time when the defendant entered into an agreement, he only had an allotment given in his favour by CMDA. Since the defendant was not in a position to pay the sale consideration instalments due and payable to CMDA, the plaintiff helped him financially to pay the instalments and ultimately the plaintiff rendered financial help to the defendant to pay the balance sale consideration also to CMDA. After the payment of the entire sale consideration, the CMDA executed a Sale Deed in favour of the defendant on 13.10.2009.

3.2. The plaintiff in all paid a sum of Rs.30,000,00/- [Rupees Thirty Lakhs Only] towards the Sale Agreement and only a balance sale consideration of Rs.20,00,000/- [Rupees Twenty Lakhs Only] remained to be paid by the plaintiff to the defendant. When the plaintiff requested the defendant to receive the balance sale consideration and execute the Sale Deed, the defendant instead of fulfilling his obligation under the Agreement of Sale, started giving false complaints before the Police and also filed Criminal Original Petition before this Court for registration of FIR. An FIR was registered against the plaintiff by the Central Crime Branch in Cr.No.565/2010 and during investigation, the plaintiff produced all the documents and also the proof for payment of Rs.30,00,000/- [Rupees Thirty Lakhs Only] to the defendant. After investigation, a Final Report was filed wherein the case was closed as mistake of fact.

3.3. The defendant resorted to filing a criminal complaint only as a ruse to avoid fulfilling his obligation under the Agreement of Sale. The plaintiff left with no option filed the present suit claiming for the relief of Specific Performance and other consequential reliefs.

4. The Case of the defendant in brief:

4.1. The defendant is engaged in the business of flower vending for more than fifty years. The CMDA allotted the suit property at Koyambedu in favour of the defendant by proceedings dated 25.10.1993. Thereafter in the year 2007, the defendant entered into a lease-cum-sale agreement with the CMDA and was running the business in the suit property in the name and style of "Thirumalai Thiru Annamalai". The defendant paid the entire sale consideration and CMDA executed a Sale Deed dated 13.10.2009 in favour of the defendant and thus the defendant is the absolute owner of the suit property.

4.2. The defendant knows the plaintiff from the year 1990 onwards when the plaintiff was eight years old and the plaintiff was working in the shop of the defendant and was financially supported by the defendant. At the time of the final payment becoming due and payable to CMDA, the defendant had same financial problem and the plaintiff volunteered to given a hand loan of Rs.2.5 lakhs and the defendant having known the plaintiff for a long time, accepted the money and utilised it for paying to the CMDA towards the sale consideration.

4.3. The defendant did not enter into any agreement of sale with the plaintiff. The plaintiff took the signature of the defendant in blank papers. By misusing these signed blank papers, the plaintiff