Judgment :-

This appeal is focussed as against the judgment and decree dated 12.09.2000 in O.S.No.47 of 1990 on the file of the II Additional Sub Judge, Madurai.

2. The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

3. Broadly but briefly, the case of the plaintiff as stood exposited from the plaint would run thus:

(i) The plaintiff and the first defendant entered into an oral agreement to sell on 25.09.1989 under which the latter agreed to sell in favour of the former, the property described in the schedule of the plaint namely the plot and the house situated thereon for a sum of Rs.3,91,000/- in the presence of one Ramasamy, Chinnakaruppiah and Avudaiappan. A sum of Rs.1,001/- was paid by the plaintiff to the first defendant as advance, which is evidenced by a voucher.

(ii) It was also agreed between the parties that the sale should be effected on or before 04.10.1989 and in the meanwhile, the first defendant agreed to evict one Advocate Jeyabalan who was occupying a portion of the suit property and so far one Chettiar who was occupying the remaining portion of the house was concerned, the first defendant agreed to