JUDGMENT :

PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 04.08.2011 in A.S.No.8 of 2008 on the file of the Additional District Court/Fast Track Court No.III, Kallakurichi, against the judgment and decree dated 02.12.2004 in O.S.No.145 of 2004 on the file of the learned Principal District Munsif, Kallakurichi.

The 3rd defendant in O.S.No.145 of 2004 aggrieved by the decree for specific performance granted against him and defendants 1 and 2 by the Courts below, has come up with the second appeal.

2. According to the respondent/plaintiff, the suit properties belonged to defendants 1 and 2. They agreed to sell the suit property to the plaintiff for a sum of Rs.1,00,000/- (One lakhs only) and had received an advance of Rs.75,000/- on 12.06.1999. The terms of the said agreement were reduced into writing on the said date and a period of four months was fixed for payment of balance sale consideration and execution of the sale deed. Claiming that the defendants 1 and 2 had not come forward to execute the sale deed, despite demands and the defendants 1 and 2 had sold the properties in favour of the 3rd defendant under a Sale Deed dated 21.09.1999