ORDER :

HEMANT GUPTA, J.

1. The present appeal is directed against an order dated 14.3.2017 passed by the High Court of Judicature at Madras whereby the Execution Petition filed by the appellants-decree holders to seek possession of the property of which sale deed was executed in their favour was found to be not maintainable.

2. The brief facts leading to the present appeal are that the respondent-defendant, as owner of the vacant plot admeasuring 2400 sq. feet, had entered into a sale agreement with the appellants. One of the conditions in the agreement was that the respondent would handover vacant possession of the suit property to the appellants. The relevant clause reads as thus:

“5. WHEREAS the 1st Party handed over all the original title deeds of the schedule property on this day, to the 2nd and 3rd Parties. It has been agreed by the 1st Party that at her costs, she will produce Nil-Encumbrance Certificate before registration, and she will handover vacant possession of the schedule property to the 2nd and 3rd Parties.”

3. The appellants filed a suit seeking specific performance of the said agreement and to direct the respondent herein to execute the sale after receiving the bal