JUDGMENT :

(Prayer: This Appeal Suit is filed under Section 96 of Civil Procedure Code, against the judgment and decree made in O.S.No.97/91 on the file of the Subordinate Judge, Pattukottai dated 28.02.1994.)

1. Aggrieved over the decree and judgment of the trial Court dismissing the suit filed for specific performance, the present 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 are as follows:-

The defendant has agreed to sell the suit property on 26.08.1987 for a total sale consideration of Rs.44,700/- and also received a sum of Rs.25,000/- as advance and agreed to execute the sale deed within a period of four years. Thereafter, on 28.08.1989, the plaintiff paid a sum of Rs.15,000/-. Thereafter, in the month of January, 1991, the plaintiff requested the defendant to execute the sale deed. But he has evaded the sale and hence, the plaintiff issued a legal notice on 08.07.1991, which was replied with false allegations. Hence, the suit.

4. The case of the defendant is that the defendant had five daughters. The suit property and other properties were alrea