JUDGMENT :

Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 29.04.2011 made in A.S.No.2 of 2011 on the file of the Sub Court, Sathyamangalam confirming the judgment and decree dated 19.04.2010 made in O.S.No.53 of 2005 on the file of the District Munsif Court, Sathyamangalam.

The defendant in O.S.No.53 of 2005 on the file of the District Munsif Court, Sathyamangalam who failed before the Sub-Court, Sathyamangalam in A.S.No.2 of 2011 has filed the present appeal.

2. The appeal arises from a suit for agreement of sale dated 11.08.2004. The value of the agreement is Rs.25,000/-. The agreement reads that Rs.23,000/- was paid on the date of agreement itself. Since the time for execution of the sale deed was 6 months, notices were exchanged between the parties on 05.02.2005 and 11.02.2005. Immediately on receipt of the reply notice, the present suit was filed on 16.02.2005.

3. The defence taken by the appellant was that it was a loan transaction for Rs.15,000/- alone, which he stated, he would re-pay together with 9% per annum. In other words, it was not an agreement of sale, but, a loan transaction. As already pointed out, the trial Court decree