R. BANUMATHI,J

1. This Appeal arises out of the Judgment and decree dated 14.10.2006 in O.S.No.25 of 2004 on the file of District Court, Tiruvannamalai decreeing Plaintiffs suit for Specific Performance and directing the Defendant to execute the sale deed in respect of the suit properties and also directing him to deliver vacant possession of 13 tiled shops. Unsuccessful Defendant is the Appellant. For convenience, the parties are referred as per their original rank in the suit.

2. Case of Plaintiff is that suit property relates to T.S.No.1600/1 measuring an extent of 5131 sq. ft.; T.S.No.1600/2 measuring an extent of 326 sq. ft. and T.S.No.1600 measuring an extent of 139 sq.ft. situated at 1st Ward, 23rd block at Car street, Tiruvannamalai town. The suit properties originally belonged to Plaintiffs father Subramania Mudaliar. Plaintiffs father Subramania Mudaliar borrowed a sum of Rs.18,600/- from the Defendants father Annamalai Mudaliar under promissory notes. Defendants father Annamalai Mudaliar filed suit in O.S.No.54/1975 for recovery of money as against the father of Plaintiff and the same was decreed on 08.09.1975. Defendants father filed Execution Proceedings in