J u d g e m e n t:-The above Second Appeal arises against the Judgement and decree in A.S.No.266 of 1993 on the file of the learned Principal District Judge, Salem confirming the judgement and decree in O.S.No.167 of 1988 on the file of the Principal District Munsif Court, Salem.

2. The plaintiff in the suit is the appellant in the Second Appeal. The respondents herein are the defendants in the suit. The plaintiff filed the suit in O.S.No.167 of 1988 on the file of Principal District Munsif, Salem for specific performance.

3. The brief case of the plaintiff is as follows:

The suit properties originally belong to one A.Marimuthu Udayar. The said Marimuthu Udayar sold the suit properties to the first defendant on 8.2.1993 and on the same day, the first defendant executed an agreement of reconveyance to reconvey the properties within a period of 5 years if the sale price of Rs.3,500/- is repaid by the said Marimuthu Udayar to the first defendant. The said Marimuthu Udayar assigned the above said right of reconveyance in favour of the plaintiff on 29.4.1983 for proper and valid consideration of Rs.10,000/-. The said assignment dated 29.4.1983 was informed to the first defendant by the

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