JUDGMENT :

The defendant in O.S.No.246 of 2008 has come up with this appeal. Challenge is to the reversal of the judgment of the trial court by the appellate court and grant of a decree for specific performance.

2. The plaintiff filed a suit for specific performance of an agreement dated 14.12.2004 claiming that the defendant has agreed to sell the suit property for a consideration of Rs.60,000/- and received an advance of Rs.50,000/-. Claiming that even after issuance of notice, the defendant has not come forward to execute the sale deed, the plaintiff sought for the relief as aforesaid.

3. The suit was resisted by the defendant contending that the agreement itself was not intended to be acted upon as an agreement of sale and the same was executed as security for a loan transaction.

4. At trial, the plaintiff was examined as P.W.1 and Exts.A.1 to A.4 were marked. One Raja was examined as P.W.2. The defendant was examined as D.W.1 and two other witnesses were examined as D.W.2 and D.W.3.

5. The learned trial Judge rejected the contention in defence that the agreement was not intended to be acted upon and held that the agreement is true and valid. It however faulted the plaintiff for not