This appeal is filed against the Judgment and decree dated 9. 2006 made in O.S.No.612/2004 on the file of the Additional District Judge (Fast Track Court No.1) Coimbatore in and by which the learned District Judge after analysing the evidence found that the plaintiff is entitled to suit claim and accordingly decreed the suit.

2. For convenience, the parties are referred as arrayed in the Original Suit. The brief facts of the case are as follows:

3. Plaintiff states as follows:

3. 1. The first defendant is the widow and defendants 2 to 5 are the sons of one Moses Thiagarajan, since deceased. They have inherited the estate of Moses Thiagarajan. The suit property had belonged to one Elisabeth, wife of Draviam, who is the mother of Moses Thiagarajan and she is also dead. While alive, she had bequeathed it under a will dated 6. 1984 to Moses Thiagarajan. Therefore, the defendants 1 to 5 are the legal representatives-in-interest of Moses Thyagarajan in respect of the suit property.

3. 2. Moses Thiagarajan when he was alive had entered into a written agreement of sale on 110. 2003 with the plaintiff promising to sell the property to the latter free of encumbrances for the sum