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