JUDGEMENT :

In this First Appeal the unsuccessful plaintiff seeks to challenge the Judgment and Decree passed by the Additional District Court (Fast Tract Court No. I), Coimbatore in O.S.No. 295 of 2005. The case of the plaintiff and the defendants are herein below set out so as to appreciate the challenge to the said Judgment and Decree and the parties are referred to in the same rank as before the Trial Court.

Plaintiff's Case:

2. The plaintiff had filed the above suit for specific performance of an agreement dated 04.11.2004. It is a case of the plaintiff that the 1st defendant and the husband of the 3rd defendant were brothers and the 2nd defendant is the son of the 1st defendant. Defendants 4 and 5 are the sons of the 3rd defendant. It is the case of the plaintiff that defendants 1 to 5 along with the late C.P.Krishnaraj had approached the plaintiff with an offer to sell the suit property to him.

3. Pursuant to negotiation, an agreement of sale dated 04.11.2004 was entered into between the plaintiff and the defendants, under which the total sale consideration for the property was fixed at a sum of Rs.5,50,000/-. The plaintiff had paid a sum of Rs. 50,000/- as an advance. The time