JUDGMENT :

(Prayer: Second Appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree of Sub Court, Kallakurichi dated 30.11.2012 made in A.S.No.14 of 2012 confirming the judgment and decree of Principal District Munsif, Kallakurichi dated 23.11.2011 made in O.S.No.393/2009.)

1. The defendant is the appellant in this Second Appeal.

2. The respondent/plaintiff filed a suit for specific performance based on the agreement of sale dated 18.5.2007.

3. The case of the plaintiff is that the defendant is the owner of the suit property and she entered into an agreement of sale with the defendant on 18.5.2007. A sum of Rs.60,000/- was fixed as the sale consideration and the plaintiff paid an advance amount of Rs.50,000/- on the date of the agreement. The further case of the plaintiff is that the balance sale consideration of Rs.10,000/- must be paid to the defendant within a period of 2 years and on receipt of the same, the defendant has to execute a sale deed in favour of the plaintiff.

4. It is stated that the plaintiff started approaching the family manager of the defendant one month prior to the expiry of 2 years as fixed in the agreement and was informing t