JUDGMENT

1. The defendant in a suit for specific performance is the appellant.

This Court admitted the Regular Second Appeal on 28.11.2003 issuing notice on the following substantial question of law:

1. Whether the Lower Appellate Court was justified in granting a decree for specific performance without considering the circumstances under which the agreement was executed and the hardship that may be caused to the appellant if the document is to be executed as directed by the lower appellate court?

2. The respondent/plaintiff filed the suit for the specific performance of Ext.A1 Agreement for sale dated 04.02.1995 by which the defendant agreed to sell the plaint schedule property having 12 cents and the residential building therein to the plaintiff for a consideration of Rs.80,000/-. The amount of advance sale consideration received by the defendant as per Ext.A1 is Rs.63,000/- and the period for execution of the sale deed was four months. According to the plaintiff though he demanded execution of the sale deed several times, the defendants purposefully evaded the request; that plaintiff caused to send Ext.A2 Lawyer Notice to the defendant demanding to execute the Sale Deed; that the sa