1. Being dissatisfied with the judgment and decree dated 12.04.2006 and made in O.S.No.17 of 2004 on the file of the Learned District Judge Nilgiris at Udhagamandalam, the first defendant has come forward with this appeal after invoking the proviso to Section 96 of CPC.

2. The facts which are absolutely necessary for the disposal of this appeal may be summarised as under.

3. The legal character of the parties to the suit need not be changed and may be as it is in the suit.

4. That on 10.04.1997, the first defendant who is the appellant herein had entered into an agreement for sale of the suit property with the second defendant. She had received a sum of Rs.3 lakhs by cash on the date of agreement and further a sum of Rs.3 lakhs by way of a post dated cheque drawn on Canara Bank Aruvankadu bearing No.840871 dated 02.05.1997 towards advance of sale consideration. The time for execution of the sale deed and payment of balance of sale consideration was fixed on 25.08.1997. The sale shall be in favour of the purchaser or his nominee.

5. At the time of agreement the plaintiff was the tenant in the suit property under the first defendant. In the meanwhile, the second defendant