1. The appellant who is the defendant in the suit filed this second appeal against the Judgment and Decree dated 23.01.2004 made in A.S.No.85 of 2003 and on the file of Principal Sub-Court, Mayiladudurai, reversing the Judgment and Decree dated 10.07.2002 made in O.S.No.721 of 1998 on the file of Principal District Munsif Court, Mayiladudurai.

2. For the sake of convenience, the defendant in the suit is referred as appellant and the plaintiff in the suit is referred as respondent hereafter.

3. The respondent/plaintiff filed a suit for delivery of possession and for future profits. Briefly the case of the respondent is that the suit property belongs to the respondent. The appellant agreed to purchase the respondent's property and also the property of his brother namely S.Varadarajan's property on 14.04.1996 for sale consideration of Rs.1,17,000/- rendered in an agreement and taken possession of the properties on 14.04.1996 itself. The appellant paid a sum of Rs.20,000/- on 23.09.1996 and Rs.40,000/- on 20.02.1997 as part of sale consideration. Since the appellant has not complied with first condition, the respondent issued a legal notice on 28.02.1997 calling upon the appellan