The plaintiff in O.S. No.608 of 1977 on the file of District Munsif Court, Cuddalore, who succeeded before trial court but lost before the learned first appellate Judge is the appellant in the above second appeal.

.2. The suit was filed for the specific performance of the agreement of sale dated 10. 1977 marked as Ex.A-1 (unregistered agreement of sale) said to have been executed by the first defendant and for a direction to the defendants to execute a sale deed in favour of the plaintiff and in default thereof, the court to execute the same and for future mesne profits.

3. The case of the plaintiff before the trial court was that the suit properties belong absolutely to the first defendant by virtue of a final decree in O.S. No.285 of 1969 and the first defendant executed an unregistered agreement of sale on 10. 1977 agreeing the sell the suit property to the plaintiff for a sum of Rs.2,700, that at the time of execution of the said agreement, a sum of Rs. 1,100 was paid by the plain- tiff and the balance of Rs. 1,600 had to be paid by the plaintiff within 30 days from the date of agreement, that further a sum of Rs. 1,000 was also paid by the plaintiff and received by