JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the judgment of the first appellate Court in allowing the appeal suit by setting aside the decree and judgment of the trial Court granting specific performance of the agreement dated 21.05.2004, the present Second Appeal came to be filed.

2. The parties are arrayed as per their own ranking before the trial Court.

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

The suit property has been originally leased to the plaintiff's brother Prabhu Peter on 22.01.2003. Thereafter, the defendant offered to sell the suit property, consisting of one acre, in favour of the plaintiff for a total sale consideration of Rs. one lakh, at the rate of Rs. 1000/- per cent and entered into an agreement on 21.05.2004 and received a sum of Rs. 25,000/- as an advance by cheque dated 19.05.2004. The time for making remaining sale consideration is six months. It is also agreed between the parties that the defendant should measure the land and produce the sketch and title deeds, encumbrance certificate etc. Subsequently, the plaintiff has paid a sum of Rs. 20,000/- on 08.08.2004 and Rs. 15,000/- on 10.09.2005 by cash towards the sale consideration. Thereby, t