1. The plaintiffs are the appellants. The suit O.S. No. 333 of 2006 having been dismissed by the Additional District Judge, Coimbatore at Tiruppur, by judgment and decree dated 31.8.2009, with regard to the prayer for specific performance of agreement of sale, the plaintiffs have come forward with this Appeal.

2. The appellants / plaintiffs filed the suit for specific performance to direct the defendants to perform the contract and to execute and register the sale deed in respect of the suit property pursuant to the agreement dated 19.10.2004 and for a direction to deliver vacant and actual possession of the suit property at the time of sale, and alternatively, to direct the defendants 1 to 4 and 6 to execute the sale deed for their undivided 4/5th share or in the alternate, to direct them to return the sum of Rs.1,75,000/-.

3. As per the plaint averments, the suit property originally belonged to one Rangasamy Gounder, who had purchased the same on 23.12.1970 by virtue of Registered sale deed. The first defendant is the wife of Rangasamy Gounder and defendants 2 to 4 are his children while the fifth defendant is his daughter-in-law and the sixth defendant is his grandson.