JUDGMENT :

(Prayer: Appeal is filed under Section 96 of the Code of Civil Procedure, against the judgment and decree passed in O.S.No94 of 2007, by the learned Additional District Judge, Fast Track Court, Dindigul, dated 3010.2009.)

1. Aggrieved over the judgment and decree of the trial Court in the suit filed for specific performance, the present appeal came to be filed.

2. For the sake of convenience, the parties are referred to herein, as per their ranking before the Trial Court.

3. The brief facts leading to the filing of the suit are as follows:

(i) The suit property originally belonged to one K.S.Raja, son of the first defendant and the second defendant is the wife of late K.S.Raja and the third and fourth defendants are minor children of K.S.Raja. In the year 2003, the said K.S.Raja has mortgaged the properties to one M.R.Lakhsmi for a sum of Rs.3,00,000/- (Rupees Three Lakhs only). Thereafter, he died. The defendant Nos.1 and 2 in order to clear the mortgage debt, decided to sell the suit property and according to the same, they entered into the agreement with the plaintiff to sell the suit property for a total sale consideration of a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs