JUDGMENT

T. RAVINDRAN, J.

1. Challenge in this Second Appeal is made to the judgment and decree dated dated 10.07.2001 passed in A.S. No. 2 of 2000 on the file of District Court and Appellate Authority of the Nilgiris at Ootacamund reversing the judgment and decree dated 02.11.1999 passed in O.S. No. 267 of 1996 on the file of Subordinate Court, Nilgiris at Ootacamund.

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

3. Suit for specific performance.

4. The case of the plaintiff, in brief, is that the plaintiff entered into an agreement of sale on 14.08.1992 with the defendant to purchase 6 acres of agricultural land comprised in survey No. 328/2A situated at Sholur village in the registration sub district of Udhagamandalam, of which the defendant was the absolute owner, for a sum and consideration of Rs. 2,50,000/- and pursuant to the sale agreement, the plaintiff paid a sum of Rs. 10,000/- as advance towards the sale consideration. As per the terms of the agreement of sale, the defendant had agreed to give a right of way with a minimum of 15 feet wide road of the property sought to be purchased or in the alternative, a right of way