JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 01.12.2006 passed in A.S. No.25 of 2006, on the file of the Principal Sub Court, Villupuram, reversing the decree and judgment dated 29.07.2005 passed in O.S. No.321 of 2004, on the file of the Principal District Munsif, Villlupuram.)

1. The appellant is the plaintiff in O.S.No.321 of 2004 on the file of the Principal District Munsif, Villupuram. He filed the suit for specific performance of contract or in the alternative to direct the respondents/defendants to pay the advance amount of Rs.31,000/- together with interest @ 12% per annum and for costs.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and in appropriate places, their rank in the present appeal would also be indicated.

3. The case of the plaintiff in nutshell is as follows:

3.1. The suit properties which are dry lands in S.No.434/8 and S.No.434/10 of Venkatadri Agaram Village, Villupuram, measuring 0.31.0 hectare and 0.16.0 hectare respectively belonged to Krishnammal, the first defendant. The plaintiff is the son of the deceased Rajagopal Chettiar who is the brothe