R. Subramanian, J.

The defendants in the suit, O.S.No.548 of 2004, for specific performance are the appellants. According to the plaintiffs, the suit properties originally belonged to one Ponnappa Gounder, who died leaving behind three sons namely (1) Nachimuthu, (2) Kandasamy (died) and (3) Subramanian (died). The said Nachimuthu represented by his son Sundaramoorthy as a power agent along with defendants 5 to 8, who are legal representatives of the deceased Kandasamy and Subramanian entered into an agreement of sale on 21.01.2000 agreeing to convey the suit properties for a total consideration of Rs. 10,52,250/-. Rs. 50,000/- and Rs. 2,60,000 were paid on 13.01.2000 and 21.01.2000 respectively towards advance. The sum of Rs. 2,60,000/- was paid by way of cheque dated 27.01.2000. Thus the total advance amount works out to Rs. 3,10,000/-. A period of one year was fixed for performance.

2. The 1st plaintiff had issued a notice 14.05.2002 demanding performance as per the agreement. Since the defendants refused to comply with the demand, the 1st plaintiff had filed the above suit seeking specific performance of the agreement dated 21.01.2000. The suit came to be filed on 21.01