The second appeal has been preferred by the defendant in O.S.No.253 of 1989 on the file of the Principal District Munsif, Pondichery being aggrieved by the judgement and decree of the Learned II Additional District Judge, Pondicherry made in A.S.No.137 of 1990 dated 24.4.1992 in reversing the judgement and decree of the Principal District Munsif, Pondicherry dated 27.8.1990 made in O.S.No.253 of 1989 and granting a decree for specific performance.

2. Heard Mrs.Chitra Sampath, learned counsel appearing for the appellant and Mr.G.RAjan, learned counsel appearing for the respondent. For convenience, the parties will be referred as arrayed before the trial court.

3. The plaintiff instituted the suit O.S.No.258 of 1989 on the file of the Principal District Munsif, Pondicherry for specific performance of the agreement to sell. The plaintiff's case is summarised here: The defendant, the owner of the suit property agreed to sell the southern half of the suit property for a consideration of Rs.41,250/= after receiving Rs.1000.- as advance on 12.5.1977. The defendant executed an agreement to sell on 12.5.1977. The defendant also handed over possession of the suit property to the pl