JUDGMENT :

The appellants herein are the 2nd and 3rd defendants before the Trial Court. This appeal is against the judgment and decree passed by the Trial Court in the suit for specific performance.

2. For brevity, the parties are described as per their status and ranking as shown in the plaint.

Plaint averment in brief :-

The suit schedule property was purchased by the 1st defendant from the husband of the 4th defendant for sale consideration of Rs.2,89,300/- under the registered sale deed dated 18.04.2007. The 1st defendant agreed to sell the property for Rs.9,00,000/- to the plaintiffs and entered into a written sale agreement on 02.05.2007 and received Rs.3,50,000/- as advance. On receipt of the balance sale consideration the 1st defendant agreed to execute the sale deed. 4 months was time fixed for completing the agreement. The 1st defendant also agreed to put the plaintiffs in physical possession free from encumbrance on receipt of the sale consideration. As per the terms of the agreement, if the 1st defendant fail to execute the sale deed, the plaintiffs are entitled to enforce the contract through Court on deposit of the balance sale consideration in the Court. The plaintiffs w