JUDGMENT :

The judgment and decree dated 15.03.2019 passed by the learned District Judge, District Court No.II, Kancheepuram in O.S.No.128 of 2015 is under challenge in the present appeal suit.

2. The appellant in the appeal suit is the defendant in the suit and the respondent in the appeal suit is the plaintiff in the suit.

3. For the sake of convenience, the ranking of the parties in the appeal suit would be referred to as per their ranks before the Trial Court.

4. The defendant in the suit is the appellant in the appeal suit. The respondent plaintiff instituted the suit for Specific Performance of the contract, directing the defendants to execute and register the sale deed with regard to the suit property in favour of the plaintiff as per suit sale agreement dated 23.07.2010 after receiving the balance sale consideration of Rs.8,57,900/- and a relief of permanent injunction is also sought for.

5. The facts in nutshell as narrated in the plaint are as under:

The plaint schedule mentioned property belongs to the defendant. The defendant has entered into a sale agreement with the plaintiff with regard to the schedule mentioned property on 14.10.2005 by fixing the value per cent as Rs.21,000/- with a total sale consideration of Rs.24,99,000/-. The plaintiff paid Rs.50,000/- as advance. The original settlement deed in the name of the defendant is deposited by the defendant in securing a loan with State Bank of India. He assured that he will undertake to give the original document of title after discharging the said bank loan by handing over certain other document of title to the plaintiff on the date of agreement. The period fixed for execution of sale agreement is 60 days, the time is only a tentative arrangement. The time is not the essence of contract. The plaintiff paid a sum of Rs.50,000/- on 14.10.2005, Rs.1,00,000/- on 15.10.2005, Rs.50,000/- on 16.10.2005, Rs.50,000/- on 04.12.2006, Rs.50,000/- on 05.12.2006, Rs.2 lakh on 25.05.2007, Rs.2 lakhs on 04.07.2007, Rs.1 lakh on 01.09.2007, Rs.1 lakh on 06.10.2007, Rs.50,000/- on 28.12.2007, Rs.50,000/- on 12.01.2008. Rs.1 lakh on 12.04.2008, Rs.1 lakh on 14.04.2008, Rs.1,01,000/- on 24.02.2008, Rs.1,50,000/- on 09.06.2008 totalling Rs.14,51,000/-. After paying the above said sum, he insisted to give the document of title i.e., the settlement deed executed by G.Govindaraj in favour of the defendant on 22.08.2003. At the time of entering into agreement, the defendant handed over only the Xerox copy of settlement deed. Endorsement were made for payments on the back side of the sale agreement. Some endorsements has signed on in English and some other documents, the defendant has signed in Tamil. In view of the large amount paid to the defendant, to safeguard the plaintiffs money, the defendant advised the plaintiff to take a sale deed regarding the 3rd item stated in the agreement of sale dated 14.10.2005. The defendant has voluntarily with full consent executed a sale deed with regard to 3rd item of the schedule in favour of plaintiff and his wife E.Sujee on 09.06.2008 under Doc.No.4842/2008 by mentioning the sale consideration of Rs.11,55,000/- in view of already the defendant is having the plaintiffs money to the tune of Rs.14,51,000/-. Hence, so far the 3rd item is concerned, the entire sale consideration is paid o the defendant. The plaintiff verified the actual extent available to the 3rd item as per FMB sketch, the extent is more for which the defendant has stated to the plaintiff by which the entire property covered by the boundaries therein with the said survey number is sold to the plaintiff by which only the said sale deed dated 09.06.2008 is taken from the defendant by plaintiff and his wife Sujee. After execution of the sale deed, the defendant received Rs.3 lakhs on 25.06.2008 and Rs.50,000/- on 26.06.2008, Rs. 1 lakh on 26.08.2008, Rs.50,000/- on 22.06.2009, Rs.1,00,0