1. Plaintiff is the appellant.

2. Originally, the suit in O.S.No.343 of 1992, was filed in the Sub-Court, Dindigul. In the suit, plaintiff sought for return of his advance money Rs.50,000/-from the defendants/respondents.

3. Later, the suit was transferred to the Sub-Court, Palani and became O.S.No.23 of 1996. The suit was decreed with future interest @ 6% p.a against all the defendants.

4. In A.S.No.71 of 2000, in the Principal District Court, Dindigul, 3rd defendant challenged the decree. It was allowed. The 3rd defendant had gone out of the decree. In the circumstances, plaintiff filed this Second Appeal against him.

5. Admittedly, at one point of time, Chinnadurai/first defendant owned the property situate in Palani. On 29.06.1989, under Ex.A2-Sale agreement, his wife Seethalakshmi/second defendant, as his power of agent [Ex.A1-power deed, dated 23.06.1989] had agreed to sell the property to the plaintiff for Rs.2,50,000/- and under the sale agreement she had received Rs.50,000/-as advance. Admittedly, the sale agreement did not fructify into a sale deed. But, plaintiff's advance money remained with the 1st defendant.

6. In the circumstances, plaintiff filed O.S.No.343