JUDGMENT :

T. RAVINDRAN, J.

1. Second Appeal Nos. 624 and 626 of 2019 are directed against the judgment and decree dated 07.12.2018 passed in A.S. Nos. 100 and 101 of 2018 on the file of the Principal District Court, Erode, reversing the judgment and decree dated 18.04.2018 passed in O.S. No. 434 of 2013 on the file of the Second Additional Subordinate Court, Erode.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. Suit for specific performance and permanent injunction.

4. Briefly stated, according to the plaintiff, the defendants 1 and 2 are the husband and wife and that the suit property is allotted to the first defendant by the Tamil Nadu Housing Board, Erode, vide the allotment order dated 10.03.1994 and the defendants 1 and 2 were in the possession of the suit property by way of the sale cum lease agreement and the allottee has to pay the monthly installments to the Tamil Nadu Housing Board till the completion of the entire sale amount and furthermore, the final sale price shall be fixed after the disposal of the land acquisition cases and on the payment of the sale consideration, the Tamil Nadu Housing Board is to execute the sale deed in favour of the allottee and according to the plaintiff, he and the third defendant are the sons of one Mutthusamy and the fourth defendant is the brother-in-law of the third defendant and it is stated by the plaintiff that since the third defendant has not come forward to file the suit along with him, he has been cited as the defendant in the suit and it is put forth by the plaintiff that the defendants 1 and 2 had agree to sell the suit property to the plaintiff's father Muthusamy for a sum of Rs. 2,00,000/- and entered into a sale agreement on 23.12.1996 and on the date of the sale agreement, the defendants 1 and 2 have received a sum of Rs. 1,99,000/- as advance and handed over the possession of the suit property to Muthusamy and they also agreed to execute the sale deed in favour of Muthusamy immediately after getting the sale deed from the Tamil Nadu Housing Board and the plaintiff's father Muthusamy was continuously ready and willing to perform his part of contract and however died on 23.03.2011 leaving behind the plaintiff and third defendant as his legal heirs and after the demise of Muthusamy, the plaintiff took the possession of the suit property and enjoying the same and also made improvements in the suit property with the knowledge of the defendants 1 and 2 and paying the property tax, water tax etc., including electricity consumption charges and the plaintiff has also expressed his willingness to the defendants 1 and 2 to get the sale deed by paying the balance amount in terms of the sale agreement and the defendants 1 and 2 had also agreed to execute the sale deed immediately after getting the sale deed from the Tamil Nadu Housing Board in their favour. Further according to the plaintiff, during the second week of July 2013, the first defendant informed the plaintiff that the third defendant demanded him to execute the sale agreement in respect of the suit property in favour of his nominee and accordingly on 22.07.2013 the plaintiff sent a letter to the first defendant not to heed to the words of the third defendant and however with a view to defeat the rights of the plaintiff, the defendants and one Madheswaran, who is the close associate of the third defendant and also the son of the first defendant colluded together and executed the power deed in favour of the 4th defendant and executed the sale agreement in favour of Madheswaran in respect of the suit property and the same was subsequently cancelled on 31.07.2013. The plaintiff had issued the legal notice to the abovesaid persons, not to create encumbrance in respect of the suit property. On 29.09.2013, the 4th defendant attempted to trespass into the suit property claiming that he has purchased the suit property from the first defendant. On verification, according to th