N. SATHISH KUMAR, J.

Aggrieved over the dismissal of the suit filed for specific performance enforcing the contract, dated 29.11.2007 the present appeal came to be filed by the plaintiff. The parties are arrayed as per their own ranking before the Trial Court for the sake of convenience.

2. The brief facts of the plaintiff case is as follows :-

The defendants 1 to 3 being the owner of the 1st item of the suit property agreed to sell the suit property to the plaintiff at the rate of Rs.99,230/- per acre and executed an agreement of sale, dated 29.11.2007 and received Rs.40,00,000/- as advance. It is also agreed that part of the remaining sale consideration shall be paid on 23.05.2008 and sale shall be completed before 25.05.2008. It is also stipulated in the agreement that the defendants should make marketable title by demarcating and identifying the property and also to evict the encroachers. On the date of agreement, the defendants 1 to 3 have handed over the title deeds relating to the suit properties to the plaintiff. In pursuant to the agreement, the defendants also sold an extent of 17 acres and 60 cents to the plaintiff's sister-in-law on the direction of the plaintiff