(Second appeal preferred under Sec.100 of the Code of Civil Procedure against the judgment and decree of the Subordinate Judge, Ranipettai, in A.S.No.55 of 2005 dated 20.9.2006 reversing the judgment and decree of the District Munsif, Arakkonam, in O.S.No.288 of 2004 dated 11.1.2005.)

The defendant whose defence though accepted by the trial court in a suit for specific performance, on being negatived by the first appellate forum, has brought forth this second appeal.

2. The respondent/plaintiff filed O.S.No.288 of 2004 on the file of the District Munsif, Arakkonam, seeking the relief of specific performance on the basis of Ex.A1 agreement dated 12.9.1988, alleging that the plaint Schedule mentioned property belonged to the defendant; that an agreement was entered into between the parties; that the defendant agreed to sell the same in consideration of Rs.78,110/-; that on the date of the agreement namely 12.9.1988, an advance of Rs.20,000/- was paid; that only a xerox copy of the agreement was handed over to the plaintiff; that the time within which the balance of consideration should be paid and sale deed should be executed, was stipulated in the agreement itself; that a