This appeal arises out of a judgment dated 21-10-2009 in O.S. No. 318/2008 on the file of the Subordinate Judge, Thalassery whereby a decree of specific performance of agreement for sale of the plaint A and B schedule properties was granted in favour of the plaintiff/respondent.

2. The facts of the case in a nutshell are as follows:

The plaint A schedule property belongs to 1st defendant/1st appellant by virtue of document No.2392/2004 of SRO, Ancharakandy. The plaint B schedule property belongs to the 2nd defendant/2nd appellant who is the husband of the 1st appellant by virtue of document No.1314/2005 of SRO, Ancharakandy. The properties are lying contiguously as one plot. The appellants and the respondent/plaintiff entered into an agreement for sale of the properties on 11.6.2007 for a sale consideration of Rs.8000/- per cent. An advance amount of Rs.75,000/- was paid on the very same day. The time fixed for execution of the sale deed was six months. A power of attorney was also executed by RFA 115/2010 3 the 2nd appellant/2nd defendant in favour of the 1st appellant for execution of the sale deed. Apart from the advance amount the respondent paid an amount of Rs.8000 on