A.K. Rajan, J.

1. The suit has been filed by the plaintiffs for a decree for specific performance of the agreement dated 9.5.2001 by executing sale deed with respect to the suit property and for declaring that the plaintiffs have an equitable charge over the schedule mentioned property on the payment made by him and for a permanent injunction restraining the defendants or their men from alienating the property or demolishing the property or structures either by way of sale, mortgage, joint development, lease or otherwise.

2. In the plaint it is stated that a total sum of Rs. 70 lakhs was paid by four cheques on 9.5.2001; the first defendant gave the Xerox copies of the documents stating that the originals were with the Egmore Benefit Society, the mortgage. Since the defendants did not pay any amount to the Egmore Benefit Society towards the mortgage, they wanted to enter into a written agreement for the joint development agreement and it was agreed between the parties for the payment to be made periodically from 10th August 2001 to 30th December, 2001. The first defendant informed the plaintiffs that he would get the documents from the Egmore Benefit Society. Since the