2.1. The case of the plaintiff is that the defendant has agreed to sell the property situated in Triplicane for a total consideration of Rs.1,47,00,0000/- and it is represented to the plaintiff that the property is free from encumbrance. A sum of Rs.5 lakhs was received by the defendant on 20.12.2019. Thereafter, when the defendant insisted to pay the remaining balance sale consideration, the plaintiff came from Dubai, at that time, he came to know that there was already a suit in O.S.No.629 of 2008 as against which the second appeal is pending between one Somasundaram and the defendant herein. However, the defendant has persuaded the plaintiff to the effect that suit will be disposed on the basis of compromise entered between the Somasundaram and the defendant. Only on that promise, the plaintiff got registered the property for a total sale consideration of Rs.1 crore. The said sum is also paid to the defendant. The defendant has agreed to indemnify the said amount, if the dispute is not settled between himself and the Somasundaram in O.S.No.629 of 2008. Besides, the sale deed, indemnity bond is also executed by the defendant on 04.06.2015. However, there was
