JUDGMENT

This R.S.A. has been directed against the judgment and decree in A.S. No.40/2012 on the file of Additional Sub Court, Irinjalakuda, which in turn arise out of the judgment and decree in O.S. No.692/2007 on the file of Additional Munsiff’s Court, Irinjalakuda.

2. The suit is one for specific performance of agreement for sale. The defendant is the appellant (parties would hereafter be referred as per the status before the trial court). The plaintiff and the defendant entered into an agreement for sale with respect to the plaint schedule property having an extent of 5¾ cents in Muriyad Village of Mukundapuram Taluk on 02.09.2005 on a consideration of Rs.1 lakhs. Out of which Rs.58,000/- was paid towards advance. The defendant agreed to receive the balance consideration on or before 02.8.2006 and execute the sale deed in favour of the plaintiff. The plaintiff issued registered notice demanding the execution of sale deed on 02.08.2006 and he was present before the Sub Registrar Office on the whole day but the defendant did not turn up, hence the suit has been filed.

3. Defendant remained ex-parte. Plaintiff filed proof affidavit and Ext.A1 to A3 were marked.

4. The learned Munsiff,