R. BANUMATHI, J.

1. Being aggrieved by the order of allowing the application under Order XIV Rule 8 of Original Side Rules read with Or VII Rule 11 CPC dated 30.7.2008 in Application No.2632 of 2008 in C.S.No.264 of 2007 thereby rejecting the appellant/plaintiff's suit for specific performance, the plaintiff/appellant has preferred this appeal. For the convenience, the parties are referred to as arrayed in the suit.

2. The suit is one for specific performance of agreement of sale of immovable property, for damages and permanent injunction. Admittedly, no regular agreement of sale was entered into between the plaintiff and the defendant. Case of plaintiff is that in January, 1994, he entered into an understanding with the defendant under which defendant agreed to sell his property in Old No.40, New No.14, Venkatesan Street, T.Nagar, Chennai- 17 measuring an extent of 5700 sq.ft. for a total consideration of Rs.46,00,000/-. In pursuance to the said understanding, plaintiff paid a sum of Rs.1,00,000/- on 10.1.1994 and another sum of Rs.6,00,000/- on the same day (10.1.1994). In evidence of the same, on 10.1.1994 defendant issued a stamped receipt, which is stated to contain