JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the judgment and decree of the Trial Court decreeing the suit for specific performance, the present appeal is filed.

2. The parties are arrayed to as per their own ranking before the Trial Court.

3. Brief facts on the case is as follows:

a. The defendant has agreed to sell the suit property to the plaintiff for a sale consideration of Rs.15 lakhs out of which, Rs.10 lakh was received as an advance from the plaintiff and executed a sale agreement dated 26.05.2015. It is agreed between the parties that the sale shall be completed within one year from the date of the sale agreement. The plaintiff was ready and willing to perform his part of contract and contacted the defendant to execute the sale deed in favour of him after receiving the balance sale consideration of Rs.5,00,000/-. Despite several requests, the defendant avoided to execute the sale deed. Hence, the suit.

b. It is the stand of the defendant in the written statement that the agreement was not intended for sale of the property, in fact, the defendant has borrowed a sum of Rs.10 lakhs for family necessity. At the time, the plaintiff insisted the defendant to execute a registered