JUDGMENT

The defendant in a suit for specific performance of an agreement for sale, non-suited concurrently, has come up in the present second appeal.

2.

The brief facts necessary for the disposal of this appeal are as follows:

The original defendant had title over the plaint schedule property as per proceedings in L.R.A.I.-20519/82 of the District Collector, Palakkad. On 16.05.2008, he entered into an agreement of sale with the plaintiff for a sum of Rs.8,750/- per cent. Rs. 40,000/- was paid in advance. The Sale Deed ought to have been executed on or before 15.04.2009. There was a stipulation that the original deed will be handed over after the measurement of the property was conducted. In default, it was agreed as per the agreement that the plaintiff was entitled to sue for specific performance. On 06.01.2009, the plaintiff caused to issue a lawyer's notice. Though the lawyer's notice was received, the defendant did not reply. The defendant entered appearance and contested the suit and denied the execution of the sale agreement dated 16.05.2008 and contended that he had only availed a sum of Rs. 40,000/- as loan without any written instruments. Since he was not able to pay the amo