V. Kanagaraj, J.:

1. The defendant in the suit in O.S.No.131 of 1981 has preferred this Letters Patent Appeal against the judgment and decree dated 19.1.1996 made in A.S.No.737 of 1984 thereby confirming the judgment and decree dated 7.8.1984 made by the Court of Subordinate Judge, Tiruppattur.

2. It is a suit filed by the respondent herein for specific performance of a contract dated 25.6.1981 alleged to have been executed in between the appellant and the respondent thereby the appellant agreeing to sell the suit property in favour of the respondent for a sale consideration of Rs.31,000, and on payment of an advance amount of Rs.15,000 and on further agreement that in four months time, that is within 25.10.1981, on payment of the balance sale consideration of Rs.14,000, by the respondent/plaintiff, the appellant/defendant should come forward to execute the sale deed in favour of the plaintiff.

3. The further case of the plaintiff is that prior to the suit agreement, there had been yet another agreement entered into in between the parties on 2.1.1981 in respect of the same property on similar terms and conditions and on receipt of a sum of Rs.10,000 as advance and since t