JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 29.09.2000 of the learned Additional District Judge, Chengalpet made in A.S.No. 5 of 2000 confirming the Judgment and Decree dated 24.09.1999 of the learned Subordinate Judge, Poonamallee in O.S.No. 8 of 1985.)

1. The plaintiff in O.S. No. 8 of 1985 on the file of the Sub Court, Poonamallee is the appellant herein.

2. O.S. No. 8 of 1985 had been filed seeking specific performance of an agreement dated 12.06.1981. The suit was decreed by judgment dated 17.07.1987.

3. The defendant then filed A.S. No. 1064 of 1987 before this Court. A Learned single Judge of this Court by judgment dated 12.08.1999, had allowed the appeal suit, set aside the decree dated 17.071987 and remanded the matter back to the trial court for fresh disposal on analysis of the pleadings and oral and documentary evidence.

4. Arguments were heard afresh in O.S. No. 8 of 1985. By judgment dated 24.09.1999, the suit was dismissed.

5. The plaintiff then filed A.S. No. 5 of 2000 which came up for consideration before the Additional District Judge cum Chief Judicial Magistrate, Chengalpattu. By judg