JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: This Appeal Suit is filed under Section 96 of the Code of Civil Procedure, against the Judgment and decree of the learned Second Additional District Judge, Thiruvallur at Poonamallee dated 25.07.2013 passed in O.S. No. 141 of 2009.

1. Plaint averment in short:

The plaintiff as owner of the land measuring an extend of 10,450 sq. ft. at No. 72, Thiruvengada Nagar, Ambattur, Chennai, and the first defendant a construction firm represented by the second and third defendants as its Managing Partners, entered into an memorandum of understanding (MoU) on 20.02.1994 to promote part of the land measuring 5625 sq. ft.

2. As per the terms of the MoU, the plaintiff handed over possession of 5625 sq. ft. of his land to the defendants and handed over the title documents in original. The asbestos sheet shed and the 5 feet compound wall was demolished to put up the apartment consisting of 7 flats. As consideration, the defendants agreed to pay Rs. 1,50,000/- and hand over 2 flats constructed in 1,650 sq. ft. at the estimated costs of Rs. 8.25 lakhs. A general power of attorney dated 08.06.1994 was executed by the plaintiff in favour of the first defendant. Further