JUDGMENT :

A. The Appeal Suit :

This Appeal Suit is filed against the Judgment and Decree of the learned District Judge, Tiruvarur dated 22.08.2013 in O.S.No.18 of 2009 in and by which the Suit for specific performance of the agreement dated 08.12.2007 is decreed by the Trial Court.

B. The Plaintiff-s Case:

2. The case of the plaintiff is that the defendant is the owner of the lease hold interest in the suit schedule property having got the same from Arulmigu Thangamuthu Mariamman Temple by a duly registered Document No.503 of 1998 thereby having the lease right in respect of the property for a perpetual 99 years with the right to put up his own super structure for a rent of Rs.20/- per month. Thereafter, he has put up a super structure with R.C.C. Constructions and is in possession and enjoyment of the same. The defendant agreed to sell the said super structure along with the lease hold rights in the land to the plaintiff and for that purpose on 08.12.2007, an agreement for sale was entered into. As per the agreement for sale, the total sale consideration was Rs.13,00,000/-. Out of which a sum of Rs.10,00,000/- was paid as on the date of the agreement as advance. The balance sale c