1. This Appeal Suit (First Appeal) arises out of the judgment and decree dated 07.04.2006 made in O.S.No.121 of 2004 on the file of Additional District Court (Fast Track Court No.I) Coimbatore.

2. The averments made in the plaint are as follows:

(i) The suit property was allotted to the share of the first defendant under a registered partition deed dated 16.06.1993. The second defendant is the son of the first defendant. Both the plaintiff and the defendants were entered into a sale agreement on 16.02.1999. The sale price of the suit property was fixed at Rs.6,00,000/- and on the date of the agreement itself, Rs.5,00,000/- was paid by the plaintiff by way of cheque No.025018 of the Union Bank of India, Negamam Branch. The time for execution of the sale deed was fixed as three years from the date of agreement of sale. The balance sale consideration of Rs.1,00,000/- has to be paid by the plaintiff within three years to get the sale deed executed. The plaintiff was always ready to execute the sale deed.

(ii) The plaintiff was put in possession of the suit property on the date of agreement of sale itself and the plaintiff is in possession and enjoyment of the suit property.