JUDGMENT :

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:

The first defendant is the owner of the suit property. The second defendant is his brother. The first defendant has agreed to sell the vacant house site for a sale consideration of Rs.9,00,000/- [Rupees Nine Lakhs only] and executed a sale agreement in favour of the plaintiff on 20.07.2005 and received Rs.1,00,000/- as advance on the same day. It is agreed between the parties that the sale consideration was fixed at Rs.300/- per square feet and for total extent of 3000 square feet, Rs.9,00,000/- [Rupees Nine Lakhs only] was arrived by the parties. The first defendant has agreed to measure the suit property with the help of a Surveyor and complete the sale transaction, within a period of six months, which is the essence of contract. He has also agreed to receive the balance sale consideration to the actual extent available as per the measurement. The plaintiff