JUDGMENT

(Prayer: Appeal Suit is filed under Section 96 of CPC against the judgment and decree dated 25.02.2016 passed in O.S.No.97 of 2008 on the file of the II Additional District and Sessions Court, Salem.)

1. The Appeal suit is filed against the judgment and decree dated 25.02.2016 passed in O.S.No.97 of 2008 on the file of the II Additional District and Sessions Court, Salem.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The appellant is the plaintiff and the respondent is the defendant in the suit. The case of the appellant is that the defendant owned the suit property. She had agreed to sell the same to the Appellant and one, R.Balasubramani for the sale consideration of Rs.975/-per sq.ft., Accordingly, on 05.02.2007, the plaintiff and another paid sum of Rs.4,00,001/- as advance for part of sale consideration to the defendant and they had entered into an agreement for sale. The period of contract is fixed as four months from the date of agreement. Though, the plaintiff and another have always been ready and willing to perform their part of contract, the defendant had been evading to execute the sale deed w