P.R. Shivakumar, J.

1. This second appeal has been preferred against the decree of the lower appellate court dated 30.11.2005 made in A.S.No.90/2005 on the file of the District Court, Coimbatore. K.P. Subbiah (died) filed the original suit O.S.No.1196/2000 on the file of Sub Court, Coimbatore for the relief of specific performance based on an agreement for sale dated 16.07.1992 allegedly entered into between himself and M.Mohammed Ismail (died), the vendor under the agreement for sale, ranking him as the first defendant in the suit and arraying Thangaraj, the 4th appellant herein as a co-defendant and ranking him as second defendant in the suit. The plaintiff also had prayed for an alternative relief in the event of the trial court negativing the relief of specific performance, for a decree directing the first defendant to refund the advance amount of Rs.3,00,000/- together with an interest thereon at the rate of 12% per annum from the date of plaint till realisation.

2. For the sake of convenience and for easy reference, the parties are referred to in accordance with their ranks in the original suit and in appropriate places wherever it is necessary their ranks in the second