JUDGMENT

(Prayer: Second Appeal filed under Section 100 of C.P.C against the judgment and decree passed dated 02.09.2006 passed in A.S.No.42 of 2006 on the file of Principal District Court, Salem in confirming the judgment and decree dated 17.04.2006 passed in O.S.No.60 of 2004 on the file of the Sub-Court, Mettur.)

1.The unsuccessful 1st defendant in a suit for Specific Performance of an agreement of sale is the appellant.

2. The 1st respondent as plaintiff,filed a suit for Specific performance of the agreement of sale dated 02.09.2004. It is the case of the plaintiff that the 1st defendant is the owner of the suit property and that she had executed a Power of Attorney in favour of the plaintiff’s father-in-law i.e, the 2nd defendant on 01.09.2004 and that in pursuance of the said Power of Attorney, the 2nd defendant, representing the 1st defendant,executed a registered sale agreement in favour of the plaintiff. The sale consideration for the suit property was fixed at Rs.1,50,000/-and according to the plaintiff, even on the date of the agreement a sum of Rs.1,00,000/- was paid. The balance sale consideration of Rs.50,000/- was agreed to be paid within a period of 3 years. The plaint