JUDGMENT :

PUSHPA SATHYANARAYANA,J.

1. The appeal is filed against the judgment and decree dated 01.10.2010 in O.S.No.56 of 2008 on the file of the Additional District and Sessions Judge, Fast Track Court No.II, Tirunelveli.

2. The defendant, who is the appellant herein claiming to be the owner of the property situated in Survey No.332/1 measuring 43 cents and 331/2 measuring 57 cents in Kadayanallur Village, entered into an agreement with the plaintiffs on 04.12.2004 for the sale of the said properties. As per the sale agreement, the sale consideration was Rs.1,00,000/- per cent and the sale has to be completed on or before 03.06.2005.

3. An advance of a sum of Rs.34,00,000/- was received by the appellant/defendant on the date of agreement. Subsequently, on 10.02.2005 another sum of Rs.6,00,000/- was received by the appellant and the same was endorsed on the back of the agreement. Thus, the appellant had received a sum of Rs.40,00,000/- as advance. For the purpose of completing the same transaction, the respondents/plaintiffs had applied for encumbrance certificate. The said encumbrance certificate dated 23.05.2005 revealed that the appellant did not have any right or title over the l