JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 20.11.1998, in A.S.No.67 of 1995 on the file of the Additional District Court, Tiruvannamalai, reversing the judgment and decree dated 28.04.1995 in O.S.No.136 of 1998 on the file of the District Munsif Court, Tiruvannamalai.)

This second appeal is directed as against the judgment and decree, dated 20.11.1998, in A.S.No.67 of 1995 on the file of the Additional District Court, Tiruvannamalai, reversing the judgment and decree dated 28.04.1995 in O.S.No.136 of 1998 on the file of the District Munsif Court, Tiruvannamalai.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

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

3.1. The suit is filed for specific performance. The suit property originally belonged to the plaintiff’s brother viz., Rayar Naicker and he married the second defendant. Since the second defendant is impotent, he filed divorce petition under Section 12(1)(a) of the Hindu Marriage Act in O.P.No.21 of 1974 before the Sub Court, Tiruvannamalai, and the same was allowed by the judgment and decre