The unsuccessful defendants in O.S.No.236 of 1990 on the file of the District Munsif Court at Thiruvarur who has suffered a decree for specific performance has filed the above second appeal against the judgment and decree passed in A.S.No.12 of 1992 on the file of the District Court, Nagapattinam confirming the judgment and decree passed in O.S.No.236 of 1990.

2. The case of the respondent is that the first appellant agreed to sell the suit property to her for a sum of Rs.3,240/- on 15.06.1990 and he has received an advance of Rs.2,101/- from her. The terms of sale was reduced into writing and an agreement of sale was executed by the first appellant in favour of the respondent. The respondent through her husband requested the 1st appellant to execute the sale deed but the first appellant was evading, hence a legal notice was issued to the appellant and another brother Paranjjothi. The first respondent alone sent a reply stating that there was a mediation after the sale agreement and in the mediation the respondent has agreed for the cancellation of the agreement. The case of the respondent is that she never agreed for the cancellation of the agreement. In order to defea