JUDGMENT

The appellant herein is the plaintiff in the suit in O.S.No.711 of 2008 on the file of the Principal Subordinate Court, Coimbatore, filed against the defendant/respondent herein for the relief of specific performance, directing the defendant to execute the sale deed in his favour in respect of the suit property as per the sale agreement dated 07.07.2006.

2. The defendant contested the suit and denied the alleged sale agreement with the plaintiff and also contended that the sale agreement was executed only as security for the purpose of loan transaction.

3. On hearing both sides, the trial Court had decreed the suit in favour of the plaintiff. Aggrieved by the same, the defendant/respondent herein has preferred an appeal in A.S.No.95 of 2012 on the file of the Principal District Court, Coimbatore and the first appeal was allowed and the Judgment and decree passed by the trial Court was set aside. Feeling aggrieved, the plaintiff has filed this present Second Appeal.

4. The case of the plaintiff is that the defendant is the owner of the suit property and he entered into an agreement of sale with the defendant on 07.07.2006 in which the defendant agreed to sell the suit prope