JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 20.07.2011 passed in A.S. No.45 of 2010, on the file of the Principal District Judge, Namakkal, reversing the decree and judgment dated 29.11.2008 passed in O.S. No.32 of 2008, on the file of the Subordinate Court, Tiruchengode (transferred O.S. No.809 of 2002 of Subordinate Court, Namakkal).)

1. The appellant is the defendant in O.S. No.32 of 2008 on the file of the Subordinate Court, Tiruchengode (transferred O.S. No.809 of 2002 of Subordinate Court, Namakkal). The respondent/plaintiff filed the suit for the following reliefs.

“1) To pass a decree for specific performance of contract directing the defendant to receive the balance sale consideration of Rs.25,000/- and execute a sale deed and register the same within the time to be specified by the Court and if the defendant failed to do so, order to deposit the sale price into Court, execute and register the sale deed by this Court on behalf of the defendant (or) in the alternative

2) directing the defendant to repay the advance amount of Rs.75,000/- plus Rs.25,000/- towards damages for non execution of the sale deed with in