JUDGEMENT

This second appeal arises out of a suit for specific performance.

One Nallammal filed the said suit for enforcing the sale agreement dated 27.08.1993 executed by one Perumal Gounder in her favour. There is no dispute that the sale consideration was fixed at the rate of Rs.1775/-per cent. The agreement contemplated sale of 1 acre and 53 ½ cents. The grievance of the plaintiff was that even though a substantial portion of the sale consideration was paid (Rs.1,50,000/-) and only a sum of Rs.1.00 lakh remained to be paid, the defendant did not come forward to execute the sale deed. Pre-suit notice dated 09.03.1994 was issued. The same was received by the defendant. But then, the defendant did not issue any reply notice. Hence, the suit came to be filed for the aforesaid relief. Periya Gounder filed his written statement controverting the plaint averments. On behalf of the plaintiff, her husband Chinnappan examined as PW.1 and Exs. A1 to A3 were marked. The defendant examined himself as DW.1. No documentary evidence was adduced on his side. After considering the evidence on record, the trial court vide judgment and decree dated 08.10.1996 dismissed the suit but directed the def