The unsuccessful plaintiff in O.S.No.13180 of 2010, on the file of the learned Additional District Judge, Fast Track Court No. V, Chennai is the appellant herein.

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.13180 of 2010, before the learned Additional District Judge, Fast Track Court No. V, Chennai, for specific performance.

4. After contest, the suit was dismissed by the Trial Court, vide judgment and decree dated 22.3.2012 and hence this appeal.

5. The facts leading to the filing of this appeal are as follows:

(i) The 1st defendant borrowed money from the 2nd defendant by mortgaging the suit property. Since the 1st defendant was not able to redeem the mortgage of the suit property, she decided to sell the suit property to the plaintiff for a total consideration of Rs.9,50,000/- and executed an agreement for sale on 28.5.2007 and received a sum of Rs. 1,50,000/- towards lease amount and also agreed to treat the same as part of consideration. As per the sale agreement, the plaintiff has to pay the balance amount to the 2nd defendant towards the mortgage loan and to pay the balance sale consideration to the 1st defendant. The plaintiff also approached the 2nd defendant to pay the loan amount but the 2nd defendant refused to receive the same by saying that the 1st defendant alone should pay the amount. Therefore, the plaintiff requested the 1st defendant to cooperate for clearing the mortgage loan. But, she did not cooperate for the same. However, the 1st defendant requested the plaintiff to pay further amount so that he could pay the mortgage amount. As per her request, the plaintiff paid further amount of Rs.2,00,000/- on 05.10.2007 and 10.01.2008 towards the sale consideration and thus, he has paid a sum of Rs.6,00,000/- in toto towards sale consideration.

(ii) Before the expiry of the agreement date i.e. 27.5.2008, the plaintiff insisted the 1st defendant to clear the mortgage and execute the sale deed in his favour. However, the 1st defendant informed the plaintiff that he requested the 2nd respondent to reduce rate of interest and the same will take some time. Therefore, on 20.5.2008, she extended the agreement till 19.5.2009. Thereafter again the 1st defendant gave undertaking on 10.5.2009 stating that she will execute the agreement. As the 1st defendant failed to execute the agreement, the plaintiff caused a legal notice on 03.8.2009 expressing his readiness and willingness to pay the balance sale consideration of Rs. 3,50,000/-. The plaintiff is always ready and willing to pay the balance sale consideration of Rs.3,50,000/-. Again the plaintiff issued a notice on 08.10.2009 to the 2nd defendant to give the particulars of the exact loan amount payable to the 1st defendant. Since no reply was received from the 2nd defendant, the plaintiff filed the instant suit.

(iii) Admitting the execution of lease agreement as well as the receipt of Rs.1,50,000/- from the plaintiff towards lease amount on 07.5.2007, it is the contention of the 1st defendant that she never executed any agreement to sell the suit properties. It is the case of the 1st defendant that she requested the plaintiff to vacate the premises but since the plaintiff requested extension of lease period for a further period of one year, the 1st defendant agreed for the same and received a sum of Rs.20,000/- towards additional lease amount. But the plaintiff fraudulently obtained signature of the 1st defendant in the blank stamp paper and utilised the same for preparation of fake sale agreement. The outstanding loan amount to the 2nd defendant is less than the market value of the suit properties. There is no agreement executed as stated by the plaintiff. Hence the 1st defendant prayed for dismissal of the suit.

(iv) The 2nd defendant filed written statement stating that he is no way connected with the alleged agreement between the plaintiff and the 1st defendant. Acc