V. JAGANNATHAN, J.

( 1 ) THIS appeal is by the plaintiff before the trial court and although the suit filed by him in O. S. No. 64/1993 came to be allowed by the trial Court in part, the appeal preferred by the respondents herein came to be allowed by the lower Appellate Court in R. A. No. 15/2000 and the judgment and decree passed by the trial Court was set aside and the suit was dismissed. Aggrieved by the said judgment and decree of the lower appellate Court, this second appeal is preferred by the plaintiff.

( 2 ) THE facts fall within a very narrow compass inasmuch as the appellant filed a suit for specific performance basing on an agreement of sale dated 16-12-1992 executed by the respondent-defendants and it is the case of the appellant that the respondents-defendants agreed to sell the property, which was the subject mater of the agreement of sale, for rs. 75,000. 00 and received Rs. 55,000/- from the appellant under the said agreement. However, the first respondent-defendant failed to keep up his promise as per the agreement terms giving rise to the appellant filing the present suit in O. S. No. 64/1993 seeking specific performance of the agreement of sale or in the alter

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