Challenge in this second appeal is made by the defendants against the judgment and decree dated 05.10.2010 made in A.S.No.5 of 2008 on the file of the Principal District Court, Namakkal, confirming the Judgment and decree dated 13.09.2006 made in O.S.No.491 of 2002 on the file of the Sub Court, Namakkal.

2. The suit has been laid for specific performance.

3. The averments contained in the plaint are briefly stated as follows:

The suit properties belonged to the first defendant. The plaintiff and the first defendant entered into a written sale agreement on 15.06.1986, whereby, the first defendant agreed to sell the suit properties to the plaintiff for a total sum of Rs.1,00,000/- and accordingly, received from the plaintiff, a sum of Rs.85,000/-, as an advance on 15.06.1986 and the parties have entered into the sale agreement on the same date and the first defendant further agreed to receive the balance sale consideration of Rs.15,000/- within a year, from the date of the sale agreement (i.e.) on or before 15.06.1987 and agreed to execute and register the sale deed in favour of the plaintiff in respect of the suit properties.

4. The plaintiff has been always ready and willing