This Appeal Suit arises out of the judgment and decree dated 30.09.2003 made in O.S.No.76 of 1997 on the file of the Additional Sub-Court, Gobichettipalayam.

2. The averments made in the plaint are as follows:

(i) On 29.01.1990, the defendants entered into a sale agreement with the plaintiff and agreed to sell the property at Rs.7,50,000/- per acre. The time for performance of the contract was fixed as 1 year. The plaintiff has paid Rs.50,000/- as an advance and subsequently, he paid some amounts which was endorsed on the agreement itself.

(ii) The first defendant admitted the total advance amount paid and received as Rs.5,95,000/-. The plaintiff is always ready and willing to perform his part of contract. Since the defendants are postponing the execution of sale deed, the plaintiff issued telegram on 22.07.1996. Later he came to know that on 28.06.1993, the first defendant sold specific acres 0.33 out of 1.50 acres, which was agreed to be sold to plaintiff, to one Balasubramanian. At present, only 1.17 acres is available for sale. Since the defendants are not ready and willing to perform their part of contract, the plaintiff filed the suit for a direction to the first defenda