JUDGMENT :

Nataraj Rangaswamy, J.

1. This appeal is filed by unsuccessful plaintiff challenging the judgment and decree in O.S. No. 72/2009 and of the First Appellate Court in R.A. No. 131/2015. Both the Courts held that the plaintiff is not entitled to the relief of specific performance of the agreement of sale dated 29.09.2003 and 13.08.2004.

2. The plaintiff claimed that the defendants being the owners of the suit property had executed an agreement of sale in favour of the brother of the plaintiff on 27.11.2002 agreeing to sell the suit property for a total consideration of Rs. 2,50,000/-. Since the brother of the plaintiff died the defendants executed an agreement of sale on 29.09.2003 in favour of the plaintiff agreeing to convey suit properties for Rs. 2,50,000/- and received a sum of Rs.79,000/- as advance. Later again on 05.02.2003, the defendants executed a mortgage deed in favour of the plaintiff which was duly registered and received a sum of Rs.50,000/-. Later, the defendants executed an agreement dated 13.08.2004 agreeing to sell the suit property for a sum of Rs. 2,50,000/- and acknowledged the receipt of a sum of' Rs. 1,79,000/- towards the advance of sale consideration