1. The plaintiff in O.S.No.107 of 2005 on the file of the Principal Subordinate Court, Krishnagiri, is the appellant.

2. The appellant/ plaintiff filed the suit for specific performance of an agreement of sale and the suit was dismissed and confirmed in the appeal in A.S.No.69 of 2012 on the file of the Principal District Court, Krishnagiri and aggrieved by the same, the Second Appeal is filed by the appellant.

3. The case of the appellant/ plaintiff as seen from the plaint is as follows: The suit property belongs to the respondent/ defendant and on 17.3.2005, an agreement of sale entered into between the plaintiff and defendant whereby the defendant agreed to sell the property to the plaintiff for a consideration of Rs.1,18,300/-and received an advance amount of Rs.10,000/- and thereafter on 11.4.2005 another sum of Rs.1,00,000/-was paid towards part of the sale consideration by the plaintiff and it was also acknowledged by the defendant and thereafter, the defendant did not come forward to execute the sale deed. Therefore, notice dated 16.8.2005 was issued calling upon the defendant to receive the balance amount and the defendant sent a reply admitting the agreement of