JUDGMENT :

(Prayer: First Appeal is filed under Section 96 Civil Procedure Code, against the judgment and decree made in O.S.No.2935 of 1998 dated 31.07.2003 on the file of III Additional Judge, City Civil Court.)

1. The third defendant in the suit is the appellant herein.

2. The suit was filed by cancellation of the sale deeds in favour of the 3rd respondent/appellant herein and consequential relief of injunction restraining the defendants from alienating the suit property or putting up any construction in the suit property.

3. The Trial Court allowed the suit. Aggrieved by the Trial Court judgment and decree, the 3rd defendant is before this Court.

4. The brief facts of the case:-

On 27.04.1994, the plaintiffs and 2nd defendant Padmavathy entered into a sale agreement with the 1st defendant Selvam in respect of the suit property for a sum of Rs.5,00,000/-. They received Rs.6,000/- as advance and agreed to execute the sale deed in favour of Selvam or his nominees, on receipt of the balance consideration. 12 months time was fixed for completion of the transaction and by that time, the vendors agreed to clear the encumbrance and obtain income tax clearance certificate and furnish the titl