JUDGMENT :

G. Jayachandran, J.

1. The Point for determination in this appeal is whether the plaint for specific performance can be rejected at pre trial stage on the ground of limitation by travelling beyond the statement found in the plaint and by deciding the contentious issues without trial?

2. The appellant as purchaser and the respondents 1 to 3 through their power agent the 4th respondent as vendors entered into a sale agreement in respect of 3.32 1/2 acres of land at Veeraraghavapuram Village at Kundrathur Taluk on 25.01.2004. The sale price was fixed as Rs. 87,50,000/- (Eighty Seven Lakhs Fifty Thousand only). Advance of Rs. 33,01,000/- (Thirty Three lakhs one Thousand only) received and agreed to pay the balance within 60 days from the date of agreement and execute the sale deed. Before the date of registration, the vendors agreed to handover all the original documents relating to the property to the purchaser. The vendors issued notice dated 24.09.2004 informing the purchaser that the time for contract expired on 25.03.2004. The time is essence of contract and the purcha