1. This regular first appeal has been filed under S.96 read with Order XLI R.1 of the Code of Civil Procedure, 1908, challenging the decree and judgment dated 30/07/2013 in O.S. No.80/2012 on the files of the Sub Court, Pathanamthitta. The appellant herein is the defendant and the respondent herein is the plaintiff.

2. Heard the learned counsel for appellant and the learned counsel appearing for the respondent, in detail. Perused the verdict under challenge, the records of the trial court and the decisions placed by both sides.

3. Parties in this appeal shall be referred with reference to their status before the trial court.

4. The plaintiff filed suit seeking return of advance money to the tune of Rs.3 Lakh with 12% interest, contending that the defendant has improperly declined to perform his part of contract inspite of willingness of the plaintiff to execute the sale deed in