JUDGMENT

The 5th defendant in the suit is the appellant in the Second Appeal. The Second Appeal is filed against the confirming judgment of the lower appellate court decreeing the plaintiff's suit for declaration of title and permanent injunction.

2.The parties will be referred to as per their rank in the trial court.

Gist of the Plaint and Amended Plaint:

3. The plaintiff filed the suit for declaration of title and for permanent injunction. The defendants 1 & 2 were the original owner's of the suit property having purchased the same under registered sale Deed dated 18.01.1996. The defendants 1 & 2 entered into a sale agreement with the plaintiff on 04.06.1997 for sale of the suit property for sale consideration of Rs.25,000/-, received a sum of Rs.15,000/- as advance and thereafter received a further sum of Rs.5,000/- as advance. As defendant's failed to execute the sale Deed in terms of the sale Agreement, the plaintiff filed the suit in O.S.No.211 of 1999 on the file of the Additional Subordinate Judge, Puducherry, for specific performance. The defendant's 1 & 2 executed the sale Deed on 17.08.1999 in favour of the plaintiff and thereafter the suit was dismissed as not pressed on 29