JUDGEMENT: The unsuccessful plaintiff has preferred the second appeal aggrieved against the judgment and decree dated 8.12.1998 made in A.S. No.143 of 1997 in the file of Additional District Court, Thiruvannamalai reversing the judgment and decree dated 29.9.1997 made in O.S. No.123 of 1998 on the file of District Munsif Court, Thiruvannamalai.

2. The case in brief is as follows: The plaintiff filed a suit for directing the defendants to execute a sale deed in his favour after receiving the balance of Rs.4,000. The suit property originally belonged to the defendants and they agreed to sell the same in favour of the plaintiff for Rs.6,500. The defendants had executed a sale deed in favour of the plaintiff on 5.2.1985 and on the said date, the defendants received Rs.1,000. The plaintiff also discharged the usufructuary mortgage executed in favour of Raghava Udayar, father of the plaintiff. Later, the defendants received a sum of Rs.500 through Kathirvel Udayar and the plaintiff thus paid a sum of Rs.2,500 and the balance payable was only Rs.4,000. The plaintiff had been calling upon the defendants to come and register the document or execute a fresh document on various occasions. The

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