R. Banumathi, J.

1. Being aggrieved by the dismissal of his Suit for Specific Performance in O.S. No.2 of 2010, unsuccessful Plaintiff has preferred A.S No.291 of 2011. Being aggrieved by the direction of the Trial Court to pay costs to the Plaintiff, the Defendants 1 to 3 have preferred Appeal in A.S. No.472 of 2011. For convenience, the parties are referred as per their array in the Suit.

2. Defendants 1 to 3 are the owners of the suit property in Kallakurichi village. The suit property is a vacant land measuring a total extent of 3.16 acres in survey Nos.63/3 (35 cents), 63/4 (45 cents), 63/6 (57 cents), 63/7 (1.401/2 acres), 63/8 (8 cents), 63/9 (19 cents) & 63/10 (7 cents) and path way to an extent of 41/2 cents respectively in Porapadakurichi village Panchayat in Kallakurichi Panchayat Union. The suit property was allotted to the 1st Defendant through a family Settlement Deed dated 25.6.2008. The Defendants 1 to 3 agreed to sell the suit property to the Plaintiff and paid an advance of `1,00,000/-. The total sale consideration was agreed at `42,66,000/-. On 13.7.2009, Defendants 1 to 3 have entered into Ex.A.1-Agreement of Sale and on the same day paid further amo