JUDGMENT :

R. Hemalatha, J.

1. The first appellant in A.S. No. 250 of 1999 is the defendant in O.S. No. 544 of 1993 on the file of the learned Subordinate Judge, Dindigul. The respondent/plaintiff filed the above suit for specific performance of the Contract.

2. The case of the respondent/plaintiff in nutshell is as follows:-

2.1. The respondent/plaintiff is a tenant in the suit property since 1977 under the appellant/defendant and also entered into a sale agreement, dated 20.12.1989 (Ex. A5) with the first appellant/defendant (since deceased) for purchase of the suit property for a consideration of Rs. 1,10,000/- out of which a sum of Rs. 31,000/- was paid on different dates and a sum of Rs. 75,000/- was paid on the date of the sale agreement (Ex. A5). According to him, the defendant (first appellant) did not execute the sale deed after receiving the balance sale consideration of Rs. 4,000/-, even though the plaintiff was always ready and willing to pay the said amount and get the sale deed executed as evidenced by the notice (Ex. A6) and Ex. A8 issued by him to the defendant. He therefore filed the above suit for specific performance of the Contract.

3. The suit was resisted by the fi