1. Second appeal No.1330 of 2004 has been preferred challenging the Judgment and Decree dated 20.08.2003 passed in A.S.No.151 of 2002 on the file of the Principal District Court, Coimbatore, confirming the Judgment and Decree dated 30.09.2002 passed in O.S.No.811 of 1995 on the file of the District Munsif Court, Mettupalayam.

2. Second appeal No.226 of 2005 has been preferred challenging the Judgment and Decree dated 20.08.2003 passed in A.S.No. 152 of 2002 on the file of the Principal District Court, Coimbatore, confirming the Judgment and Decree dated 30.09.2002 passed in O.S.No.854 of 1995 respectively on the file of the District Munsif Court, Mettupalayam.

3. Second appeal No.1330 of 2004 has been admitted on the following substantial questions of law:

“(1). Whether the judgment and decree of the Courts below are vitiated for having failed to decree the suit though the appellant / plaintiff had proved the execution of the sale agreement dated 20.01.1995 through PW.2?

(2). Whether the judgment and decree of the Courts below are vitiated for having not considered the defence put forth by the appellant in his written statement in O.S.No.854 of 1995 which substantiate his cas