JUDGMENT

The plaintiff who is unsuccessful in challenging the judgment and decree in O.S.No.971 of 2014 of the Principal District Munsif Court, Salem before the Principal Subordinate Court, Salem in A.S.No.91 of

2017, is the appellant before this Court.

2. For the ease of understanding, the parties are referred to in the same array as before the Trial Court.

FACTS OF THE CASE:

3. The plaintiff has filed the above suit for specific performance of sale agreement dated 30.01.1997. It is the case of the plaintiff that on 30.01.1997, he had entered into an agreement of sale with one Muthusamy to purchase the suit schedule property for a total sale consideration of Rs.75,000/-. It is his further case that on the said date a sum of Rs.40,000/- was paid as advance and the balance of Rs.35,000/- was to be paid within a period of one year. The sale agreement was executed on the same day in the presence of the witnesses. It is further case of the plaintiff that since Muthusamy had fallen ill, on 25.01.1998 he had requested the plaintiff to pay the balance sale consideration in order to meet his medical expenses. On the same day, the plaintiff had paid the balance sale consideration and Muthusamy