JUDGMENT :

R. Tharani, J.

1. Heard the learned counsel on both the side.

2. This appeal is filed against the judgment and decree passed in A.S. No. 43 of 2007 dated 08.04.2008 on the file of the Principal District Court, Pudukkottai, Pudukkottai District reversing the Judgment and Decree passed in O.S. No. 16 of 1999 dated 27.04.2007 on the file of the learned Sub Judge, Pudukkottai.

3. The appellant herein is the plaintiff and the respondent herein is the defendant in the suit. The appellant herein filed a suit in O.S. No. 16 of 1999 before the learned Sub Judge, Pudukkottai for a prayer of specific performance and an alternative prayer of repayment of advance amount with compensation of Rs. 1,50,000/- (Rupees One Lakhs and Fifty Thousand only) and the suit was decreed by the trial Court. Against which, the respondent herein has filed an appeal in A.S. No. 43 of 2007 before the Principal District Judge, Pudukkottai. The appeal was allowed by the first appellate Court. Against the judgment and decree, the appellant herein has filed this second appeal.

4. The case of the plaintiff is as follows:-

The suit property belongs to the defendant. On 26.12.1994, the defendant has entered into an