Appeal filed under Section 96 of the Code of Civil Procedure against the decree and judgment dated 111. 1990 made in O.S. No. 51 of 1983 on the file of the Principal Subordinate Judge, Salem.

The unsuccessful plaintiff before the court below is the appellant in this appeal suit. The plaintiff has filed O.S. No. 51 of 1983 for specific performance and prayed to direct the defendants to execute the sale deed in favour of the plaintiff free from all encumbrances after receiving the balance sale consideration of Rs.89,000/-and on their failure to do so, to execute the sale deed through Court. On dismissal of the suit, the present appeal has been filed.

2. The averments contained in the plaint are that on 10.04.1980, Thamanna Chettiar, the first defendant in the suit, entered into an agreement of sale with the plaintiff agreeing to sell the property for a sum of Rs.1,00,000/-. The time for execution of the sale deed was fixed at three months. The Plaintiff paid an advance of Rs.20,000/-on the date of signing of the agreement of sale. Subsequent to the execution of agreement of sale, since the sons of the first defendant have filed a suit in O.S. No. 905 of 1980 restraining the