This appeal has been preferred against the decree and judgment in A.S.No.126 of 1996 on the file of the Court of Subordinate Judge, Hosur. The plaintiff has lost his case before the trial Court but on appeal learned first appellate Court has allowed the appeal preferred by the plaintiff. Hence, the second defendant has preferred this second appeal.

2. The short facts relevant for the purpose of deciding this appeal are as follows:-

2(a) The suit is for specific performance of a contract under an agreement sale dated 4. 1984 entered into between the plaintiff and one Bodiammal @ Latchumakka. Bodiammal had agreed to sell the plaint schedule property for a consideration of Rs.12,000/- and she had received an advance amount of Rs.7,000/- agreeing to receive the balance of sale consideration of Rs.5,000/- and execute and register the sale deed in six months time at the cost of the plaintiff and on the same day, she also deliver possession of the suit property to the plaintiff. The said Bodiammal also showed the original sale deed dated 312. 1939 at the time of the of the sale agreement dated 4. 1984 but she took back the original title deed dated 312. 1939 promising to hand o