JUDGMENT :

Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 19.08.2011 made in A.S.No.31 of 2007 on the file of the Court of the Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore, modifying the judgment and decree dated 11.10.2006 made in O.S.No.348 of 2002 on the file of the Court of the Subordinate Judge, Tirupur.

1. Challenge in this second appeal is made to the judgment and decree dated 19.08.2011 passed in A.S.No.31 of 2007 on the file of the Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore, modifying the judgment and decree dated 11.10.2006 passed in O.S.No.348 of 2002 on the file of the Subordinate Court, Tirupur.

2. The parties are referred to as per their rankings in the trial court.

3. Suit for specific performance or in the alternative, for the refund of the advance amount with interest.

4. Briefly stated, the case of the plaintiff is that the defendant is the owner of the suit property and on 29.07.1998, the defendant agreed to sell the suit property to the plaintiff for a sum of Rs.1,25,000/- and the parties had entered into a sale agreement on the same date and the defendant re