JUDGMENT :

D.BHARATHA CHAKARAVARTHY, J.

The Appeal :

This Original Side Appeal in O.S.A.No.212 of 2017 is filed by the unsuccessful plaintiffs, aggrieved by the judgment and decree, dated 15.06.2017 of the learned Single Judge of this Court in C.S.No.701 of 2011, thereby, dismissing the suit filed by plaintiffs for specific performance of the sale/development agreement, dated 01.09.2010 by accepting balance sale consideration of Rs.43,80,000/- and to compete the construction and hand over the C-schedule Flat No.2 to the plaintiffs and for permanent injunction from in any manner dealing with the said flat or the undivided share in respect of the share of the said flat.

2. Monicca Shantha Nelson, the daughter, S.Shantha, the mother and J.Samuel Nelson, the father are the plaintiffs/prospective purchasers of the flat. The first defendant, Rajalakshmi Venugopal, the mother, the second defendant V.Seshadhari, the son of the first defendant, are the owners of the schedule – A property. The third defendant, S.Velladurai, is their Power of Attorney agent. The fourth defendant, namely Noah Constructions, represented by its proprietor, G.Manoharan Joseph is the builder. In this judgment, the parties are referred to as per their array in their Original Suit.

The admitted facts:

3. The admitted facts before the trial court are that the first and second defendants are the owners of the Schedule – A property, which is a piece and parcel of land ad-measuring about 1800 Sq.ft in old Door No.12, New Door No.2, III Cross Street, United India Colony, Kodambakkam, Chennai – 600024. The first and second defendants entered into a joint development agreement with the fourth defendant/builder through the third defendant, their Power of Attorney agent, on 11.07.2007, for demolishing existing superstructure on the said plot and to put up a new construction, consisting of stilt-cum-ground floor, first floor and second floor in the property by way of residential flats. As per the joint development agreement, dated 11.07.2007, which is marked as Ex.P-6, the first and second defendants are entitled to the ground and first floor and the second floor would go to the share of the builder/fourth defendant.

4. One flat ad-measuring 1500 Sq.ft in the first floor falls to the share of the owners/first and second defendants. They offered it for sale and the plaintiffs agreed to purchase the same for a total sale consideration of Rs.1,08,25,000/- (Rupees one crore eight lakhs twenty five thousand only) by tripartite agreement entered into on 29.07.2010 (Ex.P-9). As per the said agreement, a sum of Rs.34,00,000/- shall be paid with a period of four weeks and on receipt of the same, the first and second defendants will register a Sale deed, conveying 675 Sq.ft of undivided share of the land. The plaintiffs thereafter, shall pay a sum of Rs.20,00,000/- within three months from the date of sale deed. Upon receipt of the above sums the defendants shall complete the construction and at the time of handing over of the flat, the balance sale consideration of Rs.48,25,000/- is payable.

5. Accordingly, on 29.07.2010, i.e., on the date of entering into the agreement, by way of cheque, a sum of Rs.6,00,000/- was paid by the plaintiffs. On 30.08.2010, a sum of Rs.16,20,000/- was paid by way of cheque and on the same day another sum of Rs.17,80,000/- was paid as cash. Thus, on receipt of the total sum of Rs.40,00,000/- as on 30.08.2010, the first and second defendants executed a sale deed (Ex.P-10) conveying 675 Sq.ft of undivided share of the land in favour of the plaintiffs. Upto to this stage of the transaction all the facts are admitted between the parties.

The facts in issue – the plaintiff's version:

6. It is hereafter the differences arise. As per the case of the plaintiffs that after the execution of the sale deed on 30.08.2010, it was agreed between the parties that the sale