JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Decree and Judgment passed in A.S.No. 138 of 2002 on the file of Additional District Fast Track Court No.1, Tindivanam on 07.03.2003 by which it has reversed the decree and Judgment passed in O.S.No. 784 of 1995 on the file of District Munsif cum Judicial Magistrate Court, Vanur, on 30.07.1999.)

1. The plaintiff in O.S.No. 784 of 1995 on the file of the District Munsif Court, Vanur, is the appellant herein.

2. The suit in O.S.No. 784 of 1995 was originally filed before the Sub Court at Tindivanam and numbered as O.S.No. 188 of 1995 and had then been transferred to the District Munsif Court at Vanur was renumbered as O.S.No. 784 of 1995. It was filed by the plaintiff Kuppuswamy Pillai against two defendants Swaminatha Thanthiriyar and Ramamurthi Pillai, seeking a Judgment and Decree directing the first defendant to execute a sale deed in favour of the plaintiff after receiving the balance sale consideration of Rs.22,300/- and in default for the Court to execute the sale deed on behalf of the first defendant and in the alternate to direct the first defendant to pay a sum of Rs.5,000/-