The non-suited plaintiff has preferred the instant appeal aggrieved by the judgment and decree passed by the Principal District Judge, Thiruvallur in O.S.No.64 of 2006.

2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court.

3. The plaintiff filed a suit in O.S.No.64 of 2006, before the learned Principal District Judge, Thiruvallur, for specific performance for a sale consideration of Rs.8,40,000/- to an unperformed contract on a sale agreement dated 15.07.1999.

4. The brief facts of the case of the plaintiff are as follows:

(i) The 1st defendant is the owner of the suit property. By agreement dated 15.07.1999, the 1st defendant has agreed to convey an extent of 1 acre 56 cents to the plaintiff for a total sale consideration of Rs.23,40,000/-. On the date of agreement, a sum of Rs.3,00,000/- was paid as advance. Time stipulated to complete the contract was 9 months. However, the same is not conclusive one. After the agreement, the property was handed over to the plaintiff and he was empowered to supervise the same, converting the same into house plots and to erect boundary stones to form roads and also to negotiate the sale of the property with third parties or the intending purchasers. The plaintiff spent considerable amount for levelling the same and made several improvements.

(ii) On 16.9.2002 at the request of the plaintiff, the 1st defendant has sold a land measuring an extent of 1 acre to 2nd defendant and Kesavan. Apart from the above sale, the remaining land to an extent of 0.56 cents is available and the same is retained by the plaintiff for his own use. He has also put up fence in and around the suit "C" schedule property and also dug a well. The plaintiff paid a sum of Rs. 18,54,550/- on various dates. Similarly, he has also paid a sum of Rs.2,00,000/- at the instance of the 1st defendant to one Kandasamy, Watchman, who is the then care taker of the property and also paid a sum of Rs. 40,000/- to one Vijayan towards brokerage. Apart from the above payment, he has also paid a sum of Rs.37,500/- to the son-in-law of the 1st defendant and Rs.10,000/- to the grand son of the 1st defendant. Under such circumstances, the 1st defendant issued a legal notice dated 15.4.2004, which was replied by the plaintiff. After receipt of reply, the plaintiff has paid a sum of Rs.4,17,500/- and in all, the plaintiff paid a sum of Rs.21,47,050/- towards sale consideration. Thus, only a sum of Rs.1,92,950/- is due and payable by the plaintiff.

(iii) When the matter stood thus, the 1st defendant has issued another legal notice dated 13.03.2006 suppressing the earlier notice and payments made by the plaintiff and the same was also replied to by the plaintiff. The plaintiff is always ready and willing to pay the balance sale consideration of Rs. 1,92,950/- to have the sale deed registered in respect of the "C" schedule property. The 2nd defendant, inspite of the knowledge of existence of the agreement in favour of the plaintiff, has purchased 50 cents in "C" schedule property and hence, he is not a bonafide purchaser. The plaintiff is always ready and willing to perform his part of contract. Hence, the suit.

5. The brief averments of the written statement filed by the 1st defendant, which is adopted by the 2nd defendant are as follows:

The 1st defendant admitted the execution of the agreement for total consideration of Rs.23,40,000/- and also receipt of a sum of Rs.3,00,000/- towards advance. It is the contention of the 1st defendant that time stipulated in the agreement is the essence of the contract. The plaintiff has not chosen to pay the remaining sale consideration. It is also denied by the 1st defendant that possession was handed over to the plaintiff and he has spent considerable amount for improvement in the property. It is also denied that the plaintiff has put up fence in that property. In fact, the plaintiff has no money and pleaded inability to pay the balance sale consideratio