Animadverting upon the judgment and decree dated 03.04.2009 passed by the learned District Judge, Nilgiris at Udhagamandalam in O.S.No.2 of 2008, the plaintiff has preferred this appeal.

2. For convenience sake, the parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this appeal would run thus:

a] The plaintiff filed the suit for specific performance seeking the following reliefs:

To pass a decree and judgment against the defendants-a) The specific performance of the suit agreement directing the defendants to execute the sale deed in respect of the suit schedule property within a time to be specified by this court failing which this court may be pleased to execute the same in favour of the plaintiff.

b) directing the defendant to deliver vacant possession of the suit schedule property as a consequential relief of specific performance.

c) and for costs.

(extracted as such)

b] D1 and D2 filed the written statements separately resisting the suit.

c] The trial court framed the relevant issues.

d] Up went the trial, wherein the pla