M.CHOCKALINGAM, J.

The defendant and his legal representatives are the appellants herein.

2. This appeal has arisen from the judgment and decree made by the learned Subordinate Judge, Coimbatore granting a decree in favour of the first respondent/plaintiff.

3. The first respondent/plaintiff has filed a suit for specific performance with the following averments:

The suit property belonged to the defendant. The defendant entered into a written agreement with the plaintiff on 22.5.1978 agreeing to convey the suit property to the plaintiff for a consideration of Rs.40,000/-. A sum of Rs.25,000/- was received by the defendant as advance, and he acknowledged its receipt in the agreement. On the date of agreement, the defendant received a sum of Rs.10,000/- from the plaintiff as further advance. The balance of Rs.5,000/- was to be paid within six months from the date of agreement. The plaintiff was ready and willing to pay Rs.5,000/-, and when he tendered the same in person on several occasions, the defendant was evading to receive the same. He issued a notice to the defendant on 30.10.78. The said notice has been returned unserved. Hence, the plaintiff was constrained to file the