J U D G M E N T

This appeal has been filed by the defendant against the judgment dated 28/10/2002 in O.S.No.399/1995 on the file of the Subordinate Judges' Court, Kollam. The respondent herein is the plaintiff in the suit. The parties and the documents will be referred to as described in the plaint.

2. Property having an extent of 4.760 cents comprised in Survey No. 8507 A, B and C of Andamukkam cherry, Kollam Village along with the building therein consisting of shop rooms belongs to the defendant as per partition deed No.1625/1977 of Sub Registry Office, Kollam. Out of the shop rooms in the building, the plaint schedule room was taken on lease by the plaintiff. While so, the defendant executed Ext.A1 agreeing to sell the plaint schedule shop room bearing QMC No.7070/XVII and property comprising one cent in which the room is situated for a total consideration of ₹2,55,000/-. As advance sale consideration, an amount of Rs.50,000/- was paid by the plaintiff on the date of Ext.A1, that is, on 29/11/1993. As per the terms of Ext.A1, the defendant agreed to execute the sale deed on or before 31/03/1994. It was agreed that a clear marketable title would be conveyed after satisfying the pl