JUDGMENT

(Prayer: First Appeal filed under Section 96 of C.P.C., against the judgment and decree of the learned Additional District Judge cum Fast Track Court No.I, Erode in O.S.No.3 of 2006 dated 11.11.2008.)

Preliminary statement

1.1 The plaintiff in O.S.No.3 of 2006 on the file of Additional District Judge (Fast Track Court-I), Erode, is the appellant herein. He laid the suit for specific performance of an agreement of sale dated 30.07.1987 with an alternate prayer for return of the advance amount paid under the agreement of sale. The trial court rejected both.

1.2 Challenging the decree, the plaintiff has appealed to this Court. The parties would be referred to by their rank before the trial court.

2.1 The suit property is a residential house, and it was constructed on a site allotted to a certain Radhakrishnan by the 5th defendant, the Tamil Nadu Housing Board (henceforth would be referred to as Housing Board). The defendants 1 to 4 claim under Radhakrishnan.

2.2 The allottee of the site Radhakrishnan had executed Ext.A-1 sale agreement, dated 30.07.1987, in favour of one Pongia