This second appeal is directed against the judgment and decree dated 111. 2005 in A.S.No.120 of 2005 on the file of III Additional Sub Court, Coimbatore in reversing the judgment and decree dated 6. 2005 in O.S.No.856 of 1999 on the file of III Additional District Munsif Court, Coimbatore.

2. The first respondent in the present appeal originally filed a suit for specific performance before the trial court in O.S.No.856 of 1999 against the second respondent.

.3. In the plaint in O.S.No.856 of 1999 it was the case of the first respondent that the property described in the schedule to the plaint absolutely belongs to the second respondent trust and they have allotted site No.46 to him as per agreement dated 1. 1998 and persuaded him to part with a sum of Rs.5,000/- as consideration. In evidence of the said transaction, a receipt was issued by the second respondent. However on 7. 1998 the second respondent informed the first respondent that the price agreed was low and as such they have decided to refund the amount with an idea to sell the property to a third party. The first respondent protested to the said conduct of the second respondent and issued a notice dated 27. 19