JUDGMENT :

(Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 08.12.2016 passed in A.S.No.54 of 2014 on the file of the Principal District Judge, Vellore, reversing the judgment and decree dated 16.09.2014 passed in O.S.No.3 of 2001 on the file of the Subordinate Judge, Vellore.)

The 8th defendant/subsequent purchaser is the appellant. The first respondent herein filed a suit for specific performance. The suit was dismissed by the trial Court and the appeal filed by the first respondent was allowed. Aggrieved by the same, the 8th defendant in the suit is before this Court.

2. Plaint Averment:

According to the first respondent/plaintiff, he entered into a sale agreement dated 05.03.2000 with deceased Duraiammal (first defendant/predecessor of respondents 2 to 4). As per the terms of agreement, the sale consideration was fixed at Rs.9,00,000/-. The first respondent paid a sum of Rs.3,00,000/- on the date of agreement, the time fixed for performance was six months. The said period expired on 04.09.2000. It was further claimed by the first respondent, he paid a further sum of Rs.2,25,000/- to third defendant/third responden