Aggrieved over the decree and judgment of the learned trial Court decreeing the suit filed for specific performance in respect of the common undivided 2/3 share of the defendant, the present appeal came to be filed by the defendant. For the sake of convenience, the parties are arrayed as per their own ranking before the trial Court.

2. The brief facts of plaintiff's case is as follows:- It is the case of the plaintiff that the suit property originally belonged to the father of the defendant Avinashi Gounder by self acquisition. He had a registered settlement deed dated 21.09.1955 conveying absolute title and possession of the suit property to his wife Angammal. Thereafter the said Angammal, died intestate on 03.05.2005 leaving behind her the defendant as the sole surviving legal heir. By making such representation, the defendant has offered to sell the suit property to the plaintiff and executed a sale agreement dated 13.07.2005 for a total sale consideration of Rs.15,23,800/- and received a sum of Rs.2.50 lakhs as advance towards part payment of the agreed sale consideration. Even before the agreement, the plaintiff has verified the encumbrance and obtained encumbrance ce