(Appeal against judgment and decree of the Sub-Court, Arni in A.S.No.10 of 1998 dated 25.09.2000 in confirming the judgment and decree of the Additional District Munsif, Arni in O.S.No.170 of 1996 and dated 18.06.1997.)

The unsuccessful plaintiff in O.S.No.170 of 1996 on the file of the Additional District Munsif, Arni is the appellant in the above second appeal.

2. For the sake of convenience the parties are referred to as per their ranking in the suit.

3. The case of the plaintiff in brief is as follows:-

The plaintiff and defendant are brothers; the defendant under an agreement of sale dated 26.12.1990 agreed to sell the suit properties to the plaintiff for a consideration of Rs.19,000/-; an advance of Rs.6,000/- was paid on the same day, the plaintiff was having the balance amount of Rs.13,000/- and had always been ready and willing to perform his part of the contract, due to the pendency of a partition suit in O.S.No.105 of 1984 between the plaintiff, defendant and others, the matter was dragging and ultimately the properties were allotted to the share of the defendant; because of the uncertainty regarding the allotment of these properties to the defendant, the defenda