JUDGMENT

The defendant is the appellant in the second appeal.

2. The second appeal has been filed against the judgment and decree passed by the learned Principal District Judge, Madurai in AS NO.29/2005 dated 10.04.2006 reversing the judgment and decree dated 02.11.2004 made in OS No.298/1996 on the file of the I Additional Sub Court, Madurai. 3. The respondent/plaintiff filed the suit on the ground that he entered into an agreement of sale dated 16.02.1993 with the appellant wherein the appellant agreed to sell the suit property for a total consideration of Rs.2 lakhs and that on the date of the agreement, a sum of Rs.1 lakh was paid as advance in cash and a further sum of Rs.90,000/- was also paid on various dates. Thus, only a balance sum of Rs.10,000/- was payable and the respondent was requesting the appellant to receive the balance consideration and to execute the sale deed and since the appellant was not coming forward to ex