1. The Appeal Suit (First Appeal) arises out of the judgment and decree dated 25.8.2005 in O.S.No.352 of 2004 on the file of the Additional District Court (Fast Track Court No.2), Salem.

2. The averments in the plaint are as follows:

(a) The suit properties are joint family properties of the plaintiffs and the second defendant. The plaintiffs are the son and daughter of the second defendant. The first plaintiff was born on 5.10.1982.The second plaintiff was married to one M.Venkatachalam of Adaiyur on 22.5.1996 and so, she is a co-parcener as per the amended Tamil Nadu Act 1 of 1990 (The Hindu Succession (Tamil Nadu Amendment) Act, 1989).

(b) The second defendant entered into a sale agreement of the suit properties with the first defendant on 24.12.1998 and agreed to sell the suit properties for a paltry sum of Rs.2 lakhs to the first defendant and on the date of agreement, the second defendant appears to have taken an advance amount of Rs.1,80,000/- from the first defendant and ten months had been granted for the performance of the contract.

(c) Since the second defendant did not execute the sale deed, the suit had been filed in O.S.No.554 of1999 on the file of the Su