1. This Second Appeal is directed against the judgment dated 15.07.1999 in A.S.No.41 of 1998 on the file of District Court, Vellore, reversing the judgment of trial court dated 25.09.1998 in O.S.No.313 of 1993 on the file of Sub-Court, Ranipet, and thereby, dismissing Plaintiffs suit for specific performance. Unsuccessful Plaintiff is the Appellant.

2.The Plaintiff and Defendant are brothers. There is no dispute that Defendant entered into an agreement of sale (Ex.A1) agreeing to sell the suit property to the Plaintiff for a consideration of Rs.1,75,000/-. On 012. 1991, the Defendant had received a sum of Rs.10,000/- as advance. Execution of Ex.A1-Sale Agreement and receiving of Rs.10,000/- as advance are admitted.

3.Case of Plaintiff is that he was always ready and willing to perform his part of the contract. But, the Defendant has been evading execution of sale deed under false pretext. Plaintiff issued Ex.A2 notice dated 30.08.1993, calling upon the Defendant to execute the sale deed as per Ex.A1. The Defendant had issued Ex.A3 reply by referring to a Panchayat and cancellation of suit agreement of sale. Thereafter, Plaintiff filed a suit for specific performance.

4