JUDGMENT :

TEEKAA RAMAN, J.

1. The plaintiff is the appellant herein.

2. For the sake of convenience, the parties are referred according to their ranking before the trial Court.

3. The plaintiff filed in O.S.No.21 of 2020 before the learned District Judge of the Nilgiris, Udagamandalam for specific performance of the Ex.A1 suit sale agreement dated 05.09.2018 and to deliver vacant physical possession or, in the alternative, to refund the advance amount of Rs.11 lakhs with 12% interest from the date of the agreement.

4. The plaint proceeds on the basis that on 05.09.2018, the parties agreed to sell the suit property for a sale consideration of Rs.11,60,000/- and executed a sale agreement on 05.09.2018. The plaintiff paid a sale advance of Rs.11 lakhs, and it was registered as Doc.No.16 of 2018 before the Sub Register, Kotagiri. The period to complete the transaction is 1-1/2 years and, the plaintiff is ready and willing to perform his contract. Issued Ex.A3 copy of Legal Notice and Reply Notice is Ex.A5. Statement of account is Ex.A6, and certified copy of Mortgage Deed and Discharge Receipt are Exs.A7 and A8.

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(a) The case of the defendant is that he admitted the signature and ex