JUDGMENT

AHSANUDDIN AMANULLAH, J.

Heard learned counsel for the parties.

2. The present appeal is directed against the Final Judgment dated 28.04.2009 (hereinafter referred to as the “Impugned Judgment”) passed by the Madurai Bench, Madras High Court (hereinafter referred to as “the High Court”) dismissing a Second Appeal [S.A. (MD) No.1127 of 2008] filed by the appellants/original defendants.

BRIEF FACTS:

3. The appellants no.1, 2 and 3 entered into a registered Agreement of Sale (hereinafter referred to as the “Agreement”) with the respondents on 22.11.1990 to sell the suit property for a consideration of Rs.21,000/-, against which Rs.3000/- had been received in advance. Further, six months’ time was fixed for completion of the transaction. The appellants No.1, 2 & 3, in the meantime, had executed a Sale Deed with regard to the property in question with appellant no.7 on 05.11.1997 for a consideration of Rs.22,000/-. On 18.11.1997, the respondents sent a Notice to the appellants calling upon them to execute the Agreement. This led to the respondents filing of Original Suit No.165 of 1998 before the Munsif, District Court, Dindigul against the appellants for specific performance