1. The defendant in the Original Suit is the appellant in the second appeal. The respondent herein filed O.S.No.578/1998 on the file of the Sub Court, Coimbatore for the relief of specific performance based on the suit agreement for sale dated 28.05.1995. Since the pecuniary jurisdiction of the civil courts came to be altered by Tamil Nadu Act 1 of 2004, the said suit was transferred to the file of the Principal District Munsif, Coimbatore and re-numbered as O.S.No.4273/2004. The same was made over to the II Additional District Munsif for trial and disposal in accordance with law. The learned trial judge, namely the II Additional District Munsif, Coimbatore decreed the suit granting the relief of specific performance by judgment and decree dated 23.11.2007. The said decree of the trial court was challenged by the appellant herein/defendant by filing an appeal A.S.No.23/2008 on the file of the Sub Court, Coimbatore. The same was made over to the learned II Additional Subordinate Judge, Coimbatore. The learned lower appellate judge (II Additional Subordinate Judge, Coimbatore) by judgment and decree dated 18.08.2008 dismissed the said appeal without cost confirming the decree passed by the trial court. As against the above said decree of the lower appellate court, the present second appeal has been preferred by the appellant herein/defendant on various grounds set out in the memorandum of second appeal.

2. The respondent herein/plaintiff filed the original suit praying for the relief of specific performance directing the appellant herein/defendant to execute a sale deed after receiving a sum of Rs.50,000/- being the balance sale consideration payable under the suit agreement for sale dated 28.05.1995. The respondent herein/plaintiff had made the said prayer in the suit based on the plaint averments, which are in brief as follows:

The appellant herein/defendant entered into an agreement with the respondent herein/plaintiff on 28.05.1995 agreeing to sell an extent of 4.28 acres of land comprised in S.Nos.108/5 and 109/7(part) in Vadavalli village. The total sale consideration of the said land was fixed at Rs.84,00,000/- and a sum of Rs.3,00,000/-was paid as advance on the date of agreement. The total amount of sale consideration was arrived at on the understanding that an extent of 28 cents had to be set apart for roads and passages. Thus the balance extent of 4.00 acres alone should be taken into account for the purpose of computing the sale consideration at the rate of Rs.21,000/- per cent and the total sale consideration was fixed at Rs.84,00,000/-. Out of the above said sum of Rs.84,00,000/-, the respondent/plaintiff paid a sum of Rs.42,00,000/- and got two acres of land conveyed in favour of various persons nominated by the respondent/plaintiff under five sale deeds executed by the appellant herein/defendant in part performance of the suit agreement for sale. Out of the balance amount of sale consideration of Rs.42,00,000/- referable to the remaining 2.00 acres of land, the respondent/plaintiff paid a total sum of Rs.41,50,000/- on various dates leaving only a sum of Rs.50,000/-as the balance amount of consideration to be paid by the plaintiff. Though the respondent/plaintiff was ready and willing to perform her part of the agreement to get the sale transaction completed, the appellant/defendant wanted to wriggle out of the sale agreement in respect of the balance extent of 2.00 acres of land and refused to execute sale deed in favour of nominees of the respondent/plaintiff when demanded by the respondent/plaintiff. Since the appellant/defendant was hurriedly making attempts to sell the property to third parties, the plaintiff was constrained to file a suit in O.S.No.1693/1997 on the file of the District Munsif, Coimbatore for a permanent injunction not to alienate the suit properties in favour of third parties. Since the respondent/plaintiff was advised to file a comprehensive suit for specific performance before a c