JUDGMENT :

(Prayer: This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree in A.S.No.13 of 2011 dated 16.07.2012 on the file of the District Court, Krishnagiri, confirming the judgment and decree made in O.S.No.100 of 2010 dated 01.11.2010 on the file of the Subordinate Court, Krishnagiri.)

1. The unsuccessful plaintiff is the appellant herein.

2. The brief facts leading to filing of Second Appeal:-

(a) The plaintiff has filed a suit in O.S.No.100 of 2010 before the Subordinate Court, Krishnagiri, for specific performance of Ex.A1/Suit Sale Agreement in respect of the schedule mentioned property of an extent of 10 cents in Survey No.283/3B1 and as per the terms of the said Agreement of Sale, he had already paid a sum of Rs.3,00,000/- on the date of agreement viz., 01.09.2006; on 02.09.2006, he has paid a sum of Rs.50,000/-; on 05.09.2006, he has paid a sum of Rs.1,00,000/-. In toto, Rs.4,50,000/- was paid to the defendant.

(b) Originally, the sale consideration was fixed at Rs.6,90,000/- and the plaintiff has already part paid with Rs.4.5 lakhs. Based upon the part payment of sale consideration, the respondent/defendant has discharged the housing