JUDGMENT :

G.K. ILANTHIRAIYAN, J.

1. The Appeal suit is filed against the Judgment and Decree dated 13.10.2004 made in O.S. No. 77 of 2004 on the file of the District Judge, Nilgiris at Uthagamandalam.

2. The third defendant is the appellant herein and respondents 4 to 9 are the legal representatives of the deceased first respondent/plaintiff. The second and third respondents are the defendants 1 and 2. The deceased first respondent filed a suit for specific performance.

3. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

4. The case of the plaintiff is that the first defendant on her behalf and as power of attorney of the second defendant executed an agreement for sale dated 18.03.1992 in favour of the plaintiff, thereby agreeing to sell the suit property for a total sale consideration of Rs. 5,00,000/- and paid a sum of Rs. 1,05,001/- as advance. On the date of agreement, the plaintiff was put in possession of the suit property and the balance sale consideration was agreed to be paid on or before 18.06.1992. The suit property was an