JUDGMENT

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Decree and Judgment dated 29.03.2004 in A.S.No. 51 of 2003 on the file of District Court, Nilgiris at Ooty confirming the decree and Judgment dated 30.07.2003 in O.S.No. 269 of 1996 on the file of Sub Court, Ooty.)

1. The second defendant in O.S.No. 269 of 1996 on the file of the Sub Court, Ooty, is the appellant herein.

2. The said suit in O.S.No. 269 of 1996 had been filed by the first respondent Pacha Gounder, seeking specific performance of an agreement of sale dated 10.03.1993 entered into between him and the first defendant J.Guruswamy with respect to the suit schedule property which has been described as lands measuring 0.39 acres in S.No. 311 and 0.48 acres in S.No. 369, totally 0.87 acres together with Tea plants and two labourer quarters at Adigaratty Village, Coonoor in Nilgiris District.

3. By Judgment dated 30.07.2003, the Sub Judge, Udhagamandalam, had decreed the suit. Thereafter, the second defendant Kandasamy had filed A.S.No. 51 of 2003 before the District Court at Udhagamandalam. By Judgment dated 29.03.2004, the Appeal Suit was dismissed. The second defendant has the