JUDGMENT :

Prayer: First Appeal is filed under order 41 Rule 1 & 2 of C.P.C., read with under Section 96 of C.P.C., against the Judgment and Decree dated 12.02.2008 passed by the Learned Additional District Judge-cum-Fast Track No.1, Coimbatore in O.S.No.415 of 2006.

1. The Appeal is preferred by the defendants against the judgment and decree passed by the Trial Court in the suit for specific performance, wherein the alternate relief for refund of advance money granted.

2. On 06.02.2003 one Mr. Vijayaragavan/1st defendant along with his father Venkatraman entered into an agreement of sale with one N.M. Thangavel in respect of a commercial building for a sum of Rs.18,00,000/-. A sum of Rs.3,00,000/- was paid in advance on the date of agreement and further sum of Rs.7,00,000/- was paid on 05.03.2003. Before completion of the sale transaction, the said Venkataraman died leaving behind his wife, son and daughter.

3. The agreement holder during the lifetime of Venkataraman requested the vendor to execute the sale deed receiving the balance sale consideration, but they were postponing the same. After the demise of Venkataraman again he requested the defendants to execute the sale deed. No po