JUDGMENT

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(Judgment of the Court was delivered by M.S.RAMESH, J.)

Challenging the judgment and decree, dated 06.09.2012 made in O.S.No.35 of 2011 on the file of the II Additional District Judge, Thoothukudi, the above appeal has been filed.

2. The appellant herein is the plaintiff in the suit in O.S.No.35 of 2011 on the file of the II Additional District Judge, Thoothukudi, wherein he had prayed for specific performance of the agreement of sale dated 12.07.2008. By a judgment and decree, dated 06.09.2012, passed in the said suit, the trial Court had dismissed the suit. Aggrieved against the said judgment and decree, the plaintiff has filed the present appeal.

3. For the sake of convenience, the parties in the appeal are referred to, as per their status in the suit as plaintiff and defendants. 4.1. As per the plaint averments, the suit property comprised in Re-survey No.3/1 at Sinthalakattai village measuring 5.24 Acres, belongs to the first defendant, who had agreed to sell the property to the plaintiff for a sale consideration of Rs.26,20,000/- and accordingly, the first defendant had received a sum of Rs.5,00,000/- on 25.05.2008, towards advance.

4.2. On 12.07.2008, an un