JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree dated 20.08.2008 passed in A.S.No.24 of 2007 on the file of the Principal District Court, Villupuram, reversing the Judgment and Decree dated 04.12.2006 passed in O.S.No.117 of 2003 on the file of the Subordinate Court, Kallakurichi.)

1. Challenge in this second appeal is made to the Judgement and Decree dated 20.08.2008 passed in A.S.No.24 of 2007 on the file of the Principal District Court, Villupuram, reversing the Judgment and Decree dated 04.12.2006 passed in O.S.No.117 of 2003 on the file of the Subordinate Court, Kallakurichi.

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

3. The plaintiff in O.S.No.117 of 2003 is the appellant in the second appeal.

4. Suit for specific performance and possession.

5. The case of the plaintiff, in brief, is that the suit properties belong to the defendant and the plaintiff and the defendant entered into an agreement of sale dated 24.04.2002 by way of which, the defendant agreed to sell the suit properties to the plaintiff for a sum of Rs.2,02,000/- and received an advance of Rs.1,80,000/-