JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.58 of 2008 dated 10.10.2011 on the file of the Principal District Judge, Dindigul modifying the judgment and decree passed in O.S.No.339 of 2002 dated 22.10.2008 on the file of the Principal Sub-Ordinate Court, Dindigul.)

1. Aggrieved over the finding of the first appellate Court directing the defendant to refund a sum of Rs.2,35,000/- along with interest, this second appeal is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:-

The defendant has agreed to sell the property to the plaintiff for a total consideration of Rs.2,37,000/- on 14.05.2001 and executed a registered sale agreement on the same day and also received a sum of Rs.2,35,000/- as an advance and to pay the remaining amount of Rs.2,000/-, 15 months time from the date of agreement was stipulated. The plaintiff was always ready and willing to perform his part of contract and issued a legal notice on 03.02.2002. However, the defendant evaded