1. The second appeal arises out of the judgment and decree dated 22.02.2001 made in A.S.No.102 of 1996 on the file of the Subordinate Court, Hosur, confirming the judgment and decree dated 30.11.1994 passed in O.S.No.431 of 1984 on the file of the District Munsif Court, Hosur.

2. The averments made in the plaint are as follows:-

(a) One Durairaja as plaintiff has filed the suit for declaration and recovery of possession stating that the suit properties originally belong to one Krishna Setty son of Venkatakrishna Setty. While so, when the 1st defendant attempted to interfere with the possession and enjoyment of Krishna Setty and tried to put up illegal construction, Krishna Setty filed a suit in O.S.No.295 of 1974 on the file of the District Munsif, Hosur for declaration and for mandatory injunction. The said suit was decreed on 31.10.1977. Even during the pendency of the suit, Krishna Setty offered to sell the suit properties to the plaintiff and took an advance amount of Rs.1500/- and executed an agreement of sale on 17.06.1977. After the suit was decreed, the plaintiff took a sale deed from Krishna Setty for which Krishna Setty purchased the stamp papers for the sale dee