JUDGMENT :

This Second Appeal has been filed to set aside the Judgment and Decree dated 15.04.2013 made in A.S.No.81 of 2012 on the file of the learned II Additional District Judge, Erode reversing the Judgment and Decree dated 24.02.2012 passed in O.S. No. 215 of 2009 on the file of the learned II Additional Sub Judge, Erode.

2. For the sake of convenience, the parties to this Appeal are referred to as per their status before the trial Court, the learned II Additional Sub Judge, Erode as “Plaintiff” and “Defendants” throughout the discussion hereafterwards.

3. The first Defendant in O.S. No. 215 of 2019 on the file of the learned II Additional Sub Judge, Erode is the Appellant in this Second Appeal. The suit in O.S. No. 215 of 2019 was filed by the first Respondent, as Plaintiff, for the relief of specific performance of the agreement dated 24.10.2007.

4. As per the plaint averments, the first Defendant/Appellant was the owner of the suit scheduled property. On 24.10.2007, an agreement of sale was entered into between the Plaintiff and first Defendant. As per the agreement of sale dated 24.10.2007, the sale consideration was fixed at Rs.4,00,000/- out of which a sum of Rs.3,50,000/- w