JUDGMENT :

S.S. Sundar, J.

(Prayer: Appeal filed under Section 96 of the Code of Civil Procedure, praying to set aside the judgment and decree dated 28.07.2011 passed in O.S.No.17 of 2009 on the file of the First Additional District Judge, Tirunelveli with costs.)

1. The defendant in the suit in O.S.No.17 of 2009 on the file of the First Additional District Judge, Tirunelveli, is the appellant in this appeal. The respondent filed the suit in O.S.No.17 of 2009 for specific performance of an agreement of sale. The suit property consists of two items and the first item is an extent of 10 acres 47 cents and the second item is an extent of 19 acres 94 cents. It is not in dispute that the sale agreement dated 28.02.2005 was executed by the appellant in favour of the plaintiff. As per the sale agreement, the sale consideration for the first item was Rs.60,20,250/- and the sale consideration for the second item was fixed at Rs.84,74,500/-. The sale consideration for the first item was fixed at the rate of Rs.5,750/- per cent and for the second item, the sale consideration was fixed at the rate of Rs.4,250/- per cent. It is admitted that the entire land shown as item 1 of the plaint schedule w